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HomeMy WebLinkAbout2006 02-27 City Council Packet6:00 p.m. CouncillManager Workshop AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. K80nd@y, February 27, 2008 Council Chambers, City N8U K8R9Ling No. 08-04 B. PLEDGE OF ALLEGIANCE Acknowledgement oy Maplewood Residents Serving the Country Mayor's Address on Protocol: 'Welcome to the meeting ofthe Maplewood City Council, It is our desire to keep all discussions civil oawe work through difficult issues tonight If you are here for a Public Hearing or to address the City Council, please familiarize yourself with the Policies and Procedures and Rules of Civility, which one /bmebed near the entrance. When you aoMneoo the council, please state your name and address clearly for the record. All commentsIquestions shall be posed to the Mayor and Council. I then will direct staff, as appropriate, to answer questions or respond to comments.' E. APPROVAL OF MINUTES 1. Clarification Of Minutes from the January 23.2O00 City Council Meeting 2. Minutes from the February 13 Council Manager Workshop 3. Minutes from the February 13, 2006 City Council Meeting H. CONSENT AGENDA All matters listed under the Consent Agenda are considered toba routine by the City Council and will bm enacted byone motion. If a member of the City Council wishes to discuss an item, that item will be removed from the Consent Agenda and will be considered separately. 1. Approval of Claims 3. Final Fqat— yWapletre9 TOvvnhVm98 C2811 — 2827 SVith|8wn Drive) 3. Purchase of Police Vehicles 4. Acceptance Of2005 Justice Assistance Grant 5. Acceptance Of2O05 Buffer Zone Protection Plan Grant 0. Carry Over of2OO5 Appropriations LO2O00 Y. Approve Purchase of Single-Axle Plow Truck Body and Plow/Wing Attachment 8. Approve Sewer Use/Connection Agreement with the City of Woodbury — North of Highwood Avenue 9. VenbVrg/Gu|d8n8T.H. 01 Frontage Road —City Project 04-04 — Resolution h]r Modification of Existing Construction Contract, Change Orders 1`2. and 3 10. Gladstone North Area Street Improvements —City Project 04-15 — Resolution for Modification Of Existing Construction Contract, Change Orders 2 and 3 11. Purchasing Policies and Procedures 12. Transportation Alliance Resolution PUBLIC HEARINGS 7:00 p.m. Reduced Front Yard Setback Authorization (2413 Linwood Avenue) MCC Pool Ceiling Painting K. UNFINISHED BUSINESS TH 5 and TH 120 Property Owned by MnDOT — City Project 03-20 — Approve Resolution Calling Public Hearing for March 13 to Review Marsh 212 and Hill - Murray School's Concepts for Property Usage L. NEW BUSINESS 1. Intoxicating Liquor License — Off-Sale — Blianchong Lor - Lor's Liquor Store 2. Intoxicating Liquor License — On-Sale — Jill Skogheim — 5-8 Tavern & Grill 3. City Code Amendment — Nonconforming Uses (First Reading) 4. Preliminary Approval for Issuance of Bonds and Equipment Certificates 1. Set Date for Council/Staff Retreat 2. Canvass of Election Results Monday, March 6th, 5:00 p.m. N. ADMINISTRATIVE PRESENTATIONS Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this service must be made at least 96 hours in advance. Please call the City Clerk's Office at (651) 249-2001 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR OUR COMMUNITY Following are some rules of civility the City of Maplewood expects of everyone appearing at Council Meetings - elected officials, staff and citizens. It is hoped that by following these simple rules, everyone's opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Show respect for each other, actively listen to one another, keep emotions in check and use respectful language. Agenda Item E1 MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk DATE: February 21, 200E RE: Clarification of Minutes Background At the January 23` council meeting Councilmember Bartol moved that the minutes be revised with two additions requested by Mayor Longrie and brought back to the February 27` meeting for final approval. The motion was seconded by Councilmember Juenemann and carried by ayes all. Introduction The first addition was on Page 12 of the minutes. Item K1. Campaign Policy. Mayor Longrie requested further verbiage of what City Attorney Kelly explained as follows: 'hat Statute 44 pertaining to civil service employees does not apply to Maplewood's paid-per-call firefighters and that if Statute 44 does not apply to Maplewood's pay-per-call firefighters then there would not or could not be a violation of the Statute as outlined in the internal investigation. After review of the audio tape with City Attorney Patrick Kelly, the above language has been added and is submitted to council for approval. The second change was on Page 15 of the minutes. Item L_4 Maple Tree Group Home — CUP Review. Mayor Longrie requested that the following be added to the minutes: Councilmember Hjelle's findings of denial also include the finding of the Planning Commission from the November 15, 2004 meeting as a basis of the findings for the denial. After review of the audio tape with City Attorney Kelly, the record does not reflect the above statement from Mr. Hjelle in the Findings of Denial. But is already a part of the minutes as a Finding of Denial made by Councilmember Bartol. Recommendation Correct the minutes to reflect the change as requested by Mayor Longrie to Item Kl . Campaign Policy. MINUTES CITY COUNCILIMANAGER WORKSHOP Monday, February 13, 2006 Council Chambers, City Hall 6:00 p.m. A. CALL TO A Relwen Diana Lon( David Bart Erik Hjelle, Kathleen J Will Rossb Others Pre City Mana( REaL Dire( IT Director Planner R( C. APPROV, Mayor Lon as U BU%c Pla Planner Robe vacancies on The decision of the City Council meeting FUTURE TOPICS Agenda Item E2 iews ntroduced the report to the council who conducted the interviews for , Planning Commission and Community Design Review Board. cil will be announced and appointments will be made at the following 1. Council Retreat 2. Democratic Governance F. ADJOURNMENT Mayor Longrie adjourned at 6:47 p.m. Agenda Item E3 DRAFT-MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, February 13, 2006 Council Chambers, City Hall Meeting No. 06-03 A meeting of the City Council was held in the Council Chambers, at the City Hall, and was called to order at 7:00 P.M. by Mayor Longrie. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Diana Longrie, Mayor David Bartol, Councilmember Erik Hjelle, Councilmember Kathleen Juenemann, Councilmember Will Rossbach, Councilmember D. APPROVAL OF AGENDA Present Present Present Present Present Mayor Longrie moved to approve the agenda as amended. M1. Workshop M2. Rush Line Corridor Task Force M3. Locate Task Force M4. Reconsideration of Mapletree CUP M5 Update RWSC Commission M6. Petition Update M7. Class B City Update M8. Presidents Visit Mg. Special Election Reminder M10. Manor's Forum ded by Councilmember Bartol Ayes-All ANNEET'' • 1. Minutes from the January 23, 2006 Council/Manager Workshop Councilmember Juenemann moved to approve the minutes from the January 23, 2006 Seconded by Councilmember Hjelle Ayes-All 2. Minutes from the January 23, 2006 City Council Meeting Councilmember Bartol moved to approve the draft of the January 23, 2006 City Council Meeting as a The minutes will be revised as requested and brought back to the February 27 City Council Meeting for final approval. City Council Meeting 02-13-06 Seconded by Councilmember Juenemann Ayes -All Mayor Longrie moved to adopt the following resolution of appreciation for Erik Ahlness for his years of service on the Maplewood Planning Commission JOINT RESOLUTION OF APPRECIATION 06 -02 -024 •' • John Thein, Superintendent of School District 623 introduced himself to council and thanked the various city employees for their continued assistance to, and support of, the school district. 2. Kevin Schmidt, 1800 Phalen Place, Maplewood, was present to discuss fair campaign practices. El i✓ 0 rA Judith Johannessen, addressed the council about the petition Council Meeting. Paul Nolan, 498 East Roselawn, addressed a typo on a prompted the petition Ms. Johannessen presented. Dean Wohlhuter, 1024 Marnie Street South, candidates about water quality. Dave Hafner, 1037 Marnie Street, expresse former City Commissioners and Boardmem Richard Dawson, 1630 Summit, St. Paul Park didn't f people to discourage residents to vote for a particular 0 paign lite ncilmembers been isitor presentations was the forum for ,.. = 1. City Engineers Association of Minnesota Project of the Year Award — Maplewood Mall Area Transportation Improvements a. City Engineer AN presented the report. Mayor Longrie accepted the plaque on behalf of the city which will be posted in the lobby of the Public Works building., 2. Resolution of Appreciation — Eric Ahlness' a. City Manager Fursman presented the report. b. Planner Roberts presented specifics from the report. WHEREAS, Eric Ahlness has been a member of the Maplewood Planning Commission since September 27, 2004, and has served faithfully in that capacity to the present tune; and WHEREAS, the Planning Commission has appreciated his experience, insights and good judgment and WHEREAS, he has freely given of his time and energy, without compensation, for the betterment of the City of Maplewood; and at the January 23r City d questioned what one of the City Council Meeting 02 -13 -06 WHEREAS, he has shown sincere dedication to his duties and has consistently contributed his leadership, time and effort for the benefit of the City. NOW, THEREFORE, IT IS HEREBYRESOT VED for and on behalf Qf the City of Maplewood, Minnesota and its citizens, that Eric Ahlness is hereby extended our heartfelt gratitude and appreciation for his dedicated service, and we wish him continued success in the future. Seconded by Councilmember Rossbach Ayes-All 3. Planning Commission Appointments a. City Manager Fursman presented the report. b. Mayor Longrie presented specifics from the report. Mayor Longrie moved to appoint Gary Pearson, ,Michael Grover and Harlan Hess to the Maplewood Planning Commission Seconded by Councilmember Rossbach Ayes-All 4. Community Design Review Board Appointments a. City Manager Fursman presented the report. b. Mayor Longrie presented specifics from the report. Mayor Longrie moved to appoint John Hinzman, Ananth Shankar and Joel Schurke to the Maplewood Community Design Review Beard Seconded by Councilmember Rossbach Ayes-All H. CONSENT AGENDA Councilmember Rossbach moved to adopt consent agenda items 1 -5, 7 -9, 12 -14, and 16 -17. Seconded by Mayor Longrie Ayes-All Mayor Longrie moved to adopt consent agenda item 6. Seconded by Councilmember Juenemann Ayes-All Mayor Longrie moved to adopt consent agenda item 10. Seconded by Councilmember Juenemann Ayes-All Mayor Longrie moved to adopt consent agenda item 11. Seconded by Councilmember Juenemann Ayes -All Mayor Longrie moved to adopt consent agenda item 15. Seconded by Councilmember Juenemann Ayes-All City Council Meeting 02 -13 -06 3 Mayor LOngrie moved to adopt consent agenda item 18. Seconded hvCoUn[i|nlernb8rRossb8ch | 1. Approval of C|8i[n3 ACCOUNTS PAYABLE: $ 53.081.58 Manual Checks #09082 dated 01/17/08 $ 802.298.67 Checks #090O3Lhru #08105 dated 01/20/00thru 01/24/06 $ 280.885.67 Disbursements via debits 0] checking account dated 01/13/00thru 01/19/06 $ 119.00 Manual Checks #8S1UOthnJ#O91O7 dated 01/25/06 $ 8.90 EFT #8S108 dated 01/31/06 dated 01/31/06 $ 119,70 checking account dated 01/20/06 thru 01/26/06 69155 dated 01/27/06 thru 01/30/06 dated 02/07/06 $] via debits to checking account dated 01/27/06thru 02/02/06 Total Accounts Payable $5 PAYROLL Payroll Checks and Direct Deposits dated $ 001.813.34 01/27X08 $ 2 Payroll Deduction check #1O4013th[U#1O4012 dated 01/27/06 City Council Meeting 02-13-06 4 GRAND TOTAL 2. Amendment k} School District 022 Cooperative Facility Use Agreement Adopted an amendment to the School District 622 Cooperative Facility Use Agreement. 3. Amendment to School District 623 Cooperative Facility Use Agreement Adopted an amendment the School District 023 Cooperative Facility Use Agreement. ' Map F Re Assoc —By Add -=w Adopted the new bylaw "Atic|eXV|I-DisSO addition into the Maplewood ghbana Relief Association Bylaws. 5. /\ninla| Control Contract Accepted the 2006 contract from Animal Control Services, Inc. 6. Donation from Schmelz Accepted the donation of $2,500.00 from S 7. Annual Li cense Adopted the following resolution approvin operate at Garrity's at 1696 White Bear A lkswagen. 8G8Dlb|iOg Reso Merrick Companies bJ �RE SOLUTION BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for lawful gambling is for Merrick Companies LD operate at , 1098 White Bear Avenue, Maplewood Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection b]the Urn8|in8sS of application for said permit as governed by Minnesota Statute &348.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, Le it further resolved that this Resolution bv the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. 8. Annual License Lawful Gambling - Merrick, Inc. (The Rock) Adopted the follow resolution approving UleLavvfV|G8nnb|ingUC8nsefOrMHrhckCnn1p8nie8 to operate at The Rock at 2029 Woodlynn Avenue. City Counc Meeting 02'8'06 RESOLUTION 06-02-021 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for lawful gambling is approved for Merrick Companies to operate at The Rock, 2029 Woodlyn Avenue, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests of the Minnesota Department of Gaming approve said permit applic� Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Maplewood, Minnesota, be forwarded to the Gambling Cor 9. St. Paul Monastery-Temporary Liquor L Approved the temporary liquor permit for Carol Rennie 2675 Larpenteur Avenue. 10. Planning Commission's 2005 Annual Report the Gambling Control Division as being in compliance with )n by the City Council of ion for their approval. of the St.Paul Monastery at Accepted the Planning Commission's 2005 Annual Report. 11. Conditional Use Permit Review — Woodhill (Dahl Avenue, south of Linwood Avenue) Moved to approve the CUP for Woodhill again on April 24, 2006 to ensure the developer has paid the engineering escrow fees and has corrected the problems noted in the cease and desist order. Bruce Nedeqaard, the developer, Nedeqaard Custom Homes, addressed the council. 12. Conditional Use Permit Review — Maplewood Public Works Facility (1902 County Road B) Approved to review the conditional use permit for the Maplewood Public Works building at 1902 County Road B East again in one year. 13. Conditional Use Permit Review — Heritage Square First Addition (Kennard Street and Legacy Parkway) Approved to review the CUP for Heritage Square again in one year. 14. County Road D Extension, West of Highway 61 — City Project 02-08 — Resolution for Modification of Existing Construction Contract, Change Orders Nos. 2, 3 and 4 Adopted the following resolution directing the modification of the existing construction contract, Change Order Nos. 2, 3 and 4 (T.A. Schifsky Contract) for the County Road D West Improvements (TH 61 to Walter Street), City Project 02-08: City Council Meeting 02-13-06 6 RESOLUTION 06-02-022 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 02-08, CHANGE ORDER Nos. 2,3 and 4 (T.A. Schifsky Contract) WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 02-08, County Road D Realignment (West) Improvements (TH 61 to Walter Street), and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer has reported that it is now necessary and expedient that said contract be modified and designated as Improvement Project 02-08, Change Order No. 2, 3 and 4, (T.A. Schifsky Contract), as an increase to said contract by an amount of $42,11 such that the new contract amount is now and hereby established as $724,323.93 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city manager are hereby authorized to sign on behalf of the City of Maplewood to signify and show that the existing contract is hereby modified through said Change Order No. 2, 3 and 4 as a contract increase in the amount of $42,11 The revised contract amount is $724,323.93. No revisions to the project budget are proposed at this time, as these changes fall within the revised project budget approved by the city council on December 12, 2005. 15. Joint Powers Agreement with the State of Minnesota for Removal of Diseased Elm Trees on the Gateway Trail Approved the Minnesota Joint Powers Agreement (CFMS Contract No. A85324) so that the City may be reimbursed by the State of Minnesota for the removal of diseased elm trees on the Gateway Trail: STATE OF MINNESOTA NT POWERS AGREEMENT This agreement is between Director of Trails and Watei Under Minn. Stat. §§ 84.026 a deemed necessary. The Stat( city limits of Maplewood. The I removal is required by statute. not have staff availability to rei I Term of Agreement 1.1 Effective date: Jam Minnesota Statutes .� 1.2 Expiration da occurs first. nesota, acting through its Commissioner of Natural Resources, the Recitals 471.59, ubd. 10, the State is empowered to engage such assistance as in need of timely removal of diseased trees on the Gateway Trail within the )Iic Works unit of the City of Maplewood has identified the diseased trees and ie Department of Natural Resources, Division of Trails and Waterways does ve the trees, so the City of Maplewood will remove the trees. Agreement 23 2006,,or the date the State obtains all required signatures under Dn 16C.05, subdivision 2, whichever is later. 31, 2006, or until all obligations have been satisfactorily fulfilled, whichever 2 Agreement between the Parties The City of Maplewood will remove the trees identified and listed in "Exhibit A". The cost of removal is estimated at 12,557.42. Due to unknown factors associated with tree removal, the cost may exceed the estimate. If the cost is expected to exceed the estimate, the City of Maplewood must notify the DNR of the reason and the amount of the additional cost. The maximum allowable additional costs shall not exceed $1200.00 City Council Meeting 02-13-06 3 Payment The total obligation ofthe State under this agreement will not exceed $14 4 Authorized Representatives The State's Authorized Representative is [>8Oi8| K. B[8v8 Supervisor, Area 3B DNR Trails and \A/@t8nw@y3 651 772-7837 his/her successor. The Governmental Unit's Authorized Representative is William Ph8fer Public Works Department, City of yNap|evvond. MN, 651 24S-2408. The "Governmental Unit" is defined oS the City ofMaplewood. 5 Assignment, Amendments, Waiver, and Contract Complete 5.1 Assignment. The Governmental Unit may neither assign nor transfer any rights or obligations under this agreement without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this agreement, or their successors in office. 5.2 Amendments. Any amendment to this agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original agreement, or their successors in office. 5.3 Waiver. If the State fails to enforce any provision of this agreement, that failure does not waive the provision or its right to enforce it. 5.4 Contract Complete. This agreement contains all negotiations and agreements between the State and the Governmental Unit. No other understanding regarding this agreement, whether written or oral, may be used to bind either party. 6 Liability The Governmental Unit will indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney's fees incurred by the State, arising from the performance of this agreement by the Governmental Unit or the Governmental Unit's agents or employees. This clause will not be construed to bar any legal remedies the Governmental Unit may have for the State's failure to fulfill its obligations under this agreement. 7 State Audits Under Minn. Stat. § 16C.05, subd. 5, the Governmental Unit's books, records, documents, and accounting procedures and practices relevant to this agreement are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this 8 Government Data Practices The Governmental Unit and State must comply with the Minnesota Government Data Practices Act, Minn. S[8t. Ch. 13.8Sit applies LO all data provided bvthe State under this agreement, and 88it applies k}all data created on||eoted, received atOred, uoed, maintained, or disseminated by the Governmental Unit under this agreement. The civil remedies nfMinn. Si8L 8 13.08 apply tnthe release Vf the data referred to in this clause by either the Governmental Unit or the State. K the Governmental Unit receives 8 request tO release the data referred t0iO this Clause, the Governmental Unit rnUGi immediately notify the State. The State will give the Governmental Unit instructions concerning the release of the data to the requesting party before the data is released. 9 Venue Venue for all legal p[0CB8diOgS out 0fthis @gr88DleDt or its b[88Ch. must be in the 8ppnDph@t8 state or federal court with competent jurisdiction in Ramsey County, Minnesota. City Council Meeting 02'8'06 10 Termination 10.1 Termination. The State or the Governmental Unit may terminate this agreement at any time, with or without cause, upon 30 days' written notice to the other party. 10.2 Termination for Insufficient Funding. The State may immediately terminate this agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Governmental Unit. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Governmental Unit will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Governmental Unit notice of the lack of funding within a reasonable time of the State's receiving that notice. 16. Purchase of Asphalt Pothole/Tack Trailer Approved entering into a contract with Stepp Manufacturing Inc. for the purchase of pothole/tack trailer unit at a cost of $21,976.28. 17. Change Order #3-Applewood Park Approved Change Order #3 in the amount of $446 to eliminate erosion potential due to a regrading of the hillside. 18. League of Women Voter's Candidate Forum Approved the League of Women Voter's Candidate Non-Partisan Forum to be held in council chambers February 15, 2006 at 7:00 p.m. PUBLIC HEARINGS None J. AWARD OF BIDS 1 Maplewood Comr a. City Manager b. Chief Building Councilmember F improvement of tl Center Operation Seconded by COL K. UNFINISHED BUSINESS Pool Slide Access Stairs ted the report. ineer Farr presented specifics from the report. moved to award the low bid of $29,950 be awarded for the Imember Juenemann Ayes-All Purchasing Policies and Procedures a. City Manager Fursman presented the report. b. Finance Director Faust presented specifics from the report. City Council Meeting 02-13-06 Councilmember Rossbach moved to approve the addition of a policy statinci an individual who is in the position to be makina sales of a product to the city may not be involved in the transaction of the sale and establishing a procedure requiring two bids prior to a purchase. 2 Seconded by Councilmember Hjelle CoUnC|n1emb8rRos8b8Ch withdrew his motion. Councilmember Hjelle moved to table this item and directed the City Attorney and staff to establish a purchasina Policy addressina employment issues and defining what ownership interest means with regard to that purchasing policy. Seconded by Councilmember Rossbach 3. Charitable Gambling Policy a. City Manager Fursman b. City Attorney Ramberg Mayor Longrie moved to ei Disbursement Policy is in ci Seconded by Cot 4. Public Works Bui Contract a. City Manager b. City presented the report and provided specifics. � answered council quest Establish 8 Public Policy, by RHSn|Utk}n Calling for 8Written Policy for Fire Department Burns 8. City Manager FUnsnl8n presented the report. b. [|hi8fLukin presented specifics from the report. C. Fire Marshall Ge[v@i3 introduced Jean Lawry with the Boy Scouts Explorer's program who spoke about the program and insurance coverage of participants. Counci|nnennbnrLnnQho moved to direct City Manager Fursman to direct Chief Lukin to proce Seconded by Councilmember Juenemann Ayes-All n presented the report. AN presented specifics from the report. 8n , the project manager with Oertel Architects, was present for council questions. e Ayes-Al Ayes-Al to — City Project 03 — Approve Changes to Construction City Counc Meeting 02'8'06 10 Seconded by Councilmember Juenemann Ayes-All 5. Process for Personnel Policy Rev a. City Manager Furanlan presented the report. b. Human Resource Director L8 presented specifics from the repor Councilmember Hjelle moved to direct the city to staff to adopt a policy that any changes in city policy be distributed to all employees and subsequent employee handbooks issued to employees includes all changes by addendum. Seconded by Councilmember Bartol Ayes-All NEW BUSINESS 1. Park Dedication Rates 8. City Manager FurSm8n presented the b. Peter FiScher, Chair Ofthe Parks and Recreation Commission provide cs of the Seconded by Councilmember Bartol 2. Ramsey County Library Design 8. City Manager FurSm8n presented b. Senior Planner Ek8tnandpr888nte c. Boardmember Olson presented th d. Jay Biedny, project manager with e. Tim Carl, HGA Designs, the archil Mayor Longrie moved to extend the rr Motion died for lack of a second Councilmember Juenemann moved t( F- 1(3025Gnuth| munity Design Review Board Report. County, was present to answer council project, addressed the council. � Seconded by Counci|memberRossbach Bartn| and Juenemann and Rossbach Motion Failed City Manager FUnSnlan announced U3 visitors that this would b8 the last item addressed for the evening. The meeting will reconvene 8t5:O0p.m.Dn Thursday, February 18"' t The follow person was heard: Richard McCain, 1825 Radatz, Maplewood 0- Boardmember Olson presented the Community Design Review Board report. h. Susan N80itz, Director 0f the Ramsey County Library addressed the book drop-off and other council question. City Counc Meeting 02'8'06 l| COuOC|m8[DbRrR0SSb8Ch stamped December 12, 2065. Approval is subiect to the applicant complying with the following 1. Repeat this review in two years if the applicant has not applied for o building permit bv that time. 2 Si Dag8isNot@pp0ved The applicant must submit a h8 ive sign plan for review and approval by the community design review board. According to the approved planned unit development requirements, ground signs shall be limited to 12 feet in height. 3. Comply with all requirements of Erin Laberee, the assistant city engineer, and those listed in her report Engineering Plan Review dated February 10, 2006. This includes entering into a developer's agreement with the city detailing the responsibility of the developer regarding construction of public infrastructure such as the sidewalks and storm sewers. 4. The plan appears bJ. but the applicant shall 08k8 3UrR that it meets the requirements Of the city's wetland protection ordinance. 5. All roof and ground-mounted mechanical equipment must be screened according to the requirements of the planned unit development and city code. 0. As required by the planned unit development, the applicant must enter into a development agreement with the city bJ dedicate @ trail along the south side Of the property. The applicant shall be responsible for building this trail and the sidewalk along S0Uth|8vvD Drive and any others deemed necessary bv the city engineer. The applicant must either obtain @trail easement to build the southerly trail off of their site or they must relocate the trail onto their In i well as the sidewalk along Southlawn Drive. The city engineer should review and approve the trail dedication documents as well as the plans for a sidewalk along the west side of Southlawn Drive. Staff shall determine whether there is a trail easement on the abutting property to the south to accommodate the proposed southerly trail. The council wants the trail to be located on the abutting Birch Run Station property, if at all possible, in order to save additional trees. 7. Additional overstory trees shall be added along the Southlawn Drive frontage to meet a maximum spacing of 30 to 40 feet as required by the planned unit development. 8. The amur maple trees shall be substituted with another similar ornamental tree. Before a building permit is issued, the two lots com iSiOgthiSShBShGUb8COD1biDgd legally-described parcel. 10. The applicant must get approval from the owner of Birch Run Station and the City of Maplewood for use of the Birch Run Station rear driveway for access to the library delivery doors. If the applicant cannot obtain these approvals, they must revise the site plan for staff approval. This must be worked out before the issuance of a building permit. 11. The parking lot and driveway shall have concrete curb and gutter. 12. Parking stall drive-aisle dimensions and parking stall sizes shall comply with city code 13. All new turf areas must be equipped with 8O in-ground lawn irrigation system. The City Council retains the right to require the installation of an in-ground irrigation as determined by staff through future inspections of the landscaping. City Council Meeting 02'8'06 12 14. The building placement and site grading must comply with the wetland ordinance and cause no ground disturbance within 25 feet of the wetland delineation line. The building must be at least 35 feet from the wetland delineation line at its closest point. 15. The director of community development may approve minor changes to these plans. Major changes must be submitted to the design review board for approval. 16. The applicant must work with staff to determine the best and most functional location of the main entrance driveway. 17. Zinc maybe used for the exterior instead of copper. Seconded by Councilmember Hjelle Ayes-All Mayor Longrie adjourned the meeting at 11:27 p.m. The meeting reconvened at 5:00 p.m. on Thursday, February 16, 2005. 9 Resolution of Support for Interconnect Project a. City Manager Fursman presented the report. b. City Engineer AN presented specifics from the report. c. Dave Schuler, Chief Engineer for the project, presented further specifics of the report. Councilmember Rossbach moved to adopt the following resolution supporting the interco RESOLUTION 06-02-023 SUPPORT FOR WATER SYSTEM INTERCONNECT PROJECT WHEREAS, the City of Maplewood has executed a Joint Powers Agreement with St. )gional Water Services (SPRWS) to provide potable water to nearly 70% of the City's WHEREAS, a project to provide an alternate supply of finished drinking water between the Minneapolis Water and the Saint Paul Regional Water Services systems has been provided for consideration by the Maplewood City Council, and WHEREAS, Saint Paul Regional Water Services provides the citizens of Maplewood with safe, reliable drinking water and has done so for many years, and WHEREAS, SPRWS operates a well-designed, efficiently-operated and internally-redundant system, and WHEREAS, SPRWS is not totally protected from natural or manmade disasters, and the likelihood of such an incident is extremely remote, but the effects of a long-term interruption would be dramatic, and WHEREAS there are 20 metropolitan cities that the Saint Paul and Minneapolis systems serve, which is over 25% of the population in the State of Minnesota relying on these systems to provide an uninterrupted supply of water for their everyday needs. City Council Meeting 02-13-06 13 NOW, THEREFORE, |T|S HEREBY RESOLVED, that the City Council of the City of Maplewood does hereby express our strong sup for the State of Minnesota Department of Health's request for $10 million in State bonding. Seconded bvCounC|nlen1b8rJu8nemann ,He|le. Nays-Mayor LOnghe COUNCIL PRESENTATIONS 1. Wetland VV0rksh0p-[|nVnci|nn8nnberJUenHrn8nn announced that a Wetland Workshop will b8 held on February 23from 8:30 p.m. to 8:30 p.m. at the Gladstone Station. An information flyer is 8v8i|8b|8 on the cityvv8bSib3. 2 3 Rush Line Corridor Task F0rce-CoUn[i|nlernb8r Line Corridor meeting. Locate Task Force-Councilmember Rossbach was asked Force and provided a report from the last meeting, Reconsideration of the Maple Tree Conditional Use Permil reconsideration of the Maplewood Tree CUP. The City Attorney responded to Mayor Longrie's question Public Hearings whenever a CUP is up for review or being Councilmember Bartol withdrew his request to reconsider presen rt{n the last Rush 0 k" � be an alternate um irementareoording UP for NY8p|e Tree. ^U Mayor Longrie requested Mr. Brandt's attorney Tom Skovechski address the council. The action that was taken serves to not change the conditions of the conditional use permit. The CUP is for the twelve boys to be at the residence, but under the old conditions which has the more restrictive language stating: the City Council shall review this permit in one year or immediately if there are two criminal offenses related to the facility or to its residents. Update Ramsey County Commission Meeting-Council member Hielle noted the comments from the meeting were rendered not relevant to the city. Petition Update-Mayor Longrie thanked Ms. Judith Johannessen for bringing forth her petition at the previous council meeting. Mayor [onghe prov a summary oO discussions that have occurred and an update on the resolution of the issues addressed by the petition. The petition references the internal investigation initiated bv our City Manager, Mr. FVrsnn8n. to |nOk into two incidences vvh8ne some individu8|S, off duty paid-per-call fire fighters and private citizens, stuffed C@Dlp8igD literature into eDvG|0p8S at ODB Of the fire St8ti003 while watching 8 f00tb8|| game. The resulting investigation addressed 3 areas Ofconcern: Employee Policy regarding political activity by an emr)lovee. K was discussed, and the City Manager, Mr. FVrsn18n. confirmed 8t our Council meeting on January 23 that hHtook actions and has reprimanded 2 employees pursuant tothe employee policies in the employee policy handbook in connection with the results Of the investigation. Since Maplewood iSGClass B City, the City Manager is the person who makes, and is responsible for, the management of the City employees, City employee reprimands and City employee matters ' not the Council. City Counc Meeting 02'8'06 14 property City Council policy reciardinci the prohibition of campaigninci at City Hall or on municipal The reference to Section 14 of the Rules of Procedure for City Council and Council Meetings, as stated in the initial investigation, has been corrected in a subsequently amended investigation report k}include only that policy that has been adopted by the City Council and not 8 proposed version. Ad our January 23 City Council meeting i[ was discussed and confirmed by our City Attorney, Mr. Patrick P{e||y, that while there may be a City Council policy in place, itiSnot enforceable because 8 policy iS not law. As8 result of this discussion, i{was discovered that what Maplewood does not have an ordinance which governs the use of municipal property for campaigning. AD enacted ordinance would bg law and would bR eDfDrC8@b|8. If Maplewood had an ordinance regarding the use of municipal property for campaigning or for political activity, it would be equally 8nfDrC88b|8 for all people in the community, incumbents, ch8||enQers, private citizens, City employees. It would create constant application and enforceability to all individuals. Possible Statute 44 violations prohibiting political activity by civil service employees. At the January 23 Council meeting our City Attorney, Mr. Patrick Kelly, stated that Statute 44 pertaining to civil service employees does not apply tO W18p|gvvO0d'3 paid-per-call firefighters and that if Statute 44 does not apply tOK8@p|9vv0Od'Sp8y-pgFC8|| firefighters then there would not orcould not be possible campaign violations under Statute 44@s outlined in the internal investigation. Additionally, Mayor bmgheapologized to Ms. JOhanDessenOn behalf of the City, the Council, and the staff for fact that the original pHUUOnh8sbeennniGp|aD8d. She explained everyone has looked high and low for the original petition and thanked Ms. Johannessen for bringing in a copy of the OhgiD8| petition and placing it on file with the City Clerk. K8@yO[ LOngh8 stated "VVg support and encourage individuals to submit petitions to the Council and we fully support each and every person's First Amendment Right hJ petition their government. That iswhat democracy i8 all @bouL. Councilmember Rossbach read the following statement into the public record: We have a situation in Maplewood that we need to resolve. It is my belief that the situation is mostly political in nature; however, there is an underlying issue of violations of city policy and state statutes regarding the election process. This situation needs to reach a conclusion. It has already resulted in accusations in the media which try to place blame on others, and efforts to confuse the issue. There have been accusations of efforts to block discussion of the issue at our meetings and a parade of citizens, on both sides, making efforts to discredit council members and cause embarrassment. This issue, I believe, is splitting this council, the city employees and the citizens of Maplewood. We need to bring the issue to a conclusion. I believe that our ability to work together as a council will be impaired and that the citizens will work to support or discredit council members until we resolve this issue. I have tried on two occasions to work with councilperson Hjelle to resolve it. I chose to talk to him because he seemed to be the central figure in the issue. We could not come to an agreement that was satisfactory to both of us. Since the council meeting on Monday night, I have spent time considering what the obstacles are that prevent us from working together to resolve the issue. My conclusion is obvious: we are not working together. As a matter of fact, it is my belief that we are working hard against each other. /have stated on two occasions be/ore that we must reach G conclusion, and that we cannot try bJ judge ourselves. NAe also cannot have any member Of the city staff involved / the process. / still believe this is true. City Council Meeting 02'8'06 15 I believe that we are all reacting to this situation in the normal fashion. The normal response if you feel that you are being attached is to defend yourself. We need to move beyond this approach. As the leaders of the community, I believe that we must lead by example. To this end, I will take the first step. I ask to be thoroughly investigated as to any actions I have taken or statements I have made which may have been in violation of any city policies or state statutes pertaining to elections. At this time I am aware of the following accusations against me: One, I rode on a city fire truck in the White Bear Avenue Parade during a period of time after I had filed for election as mayor. Two, I participated at a Maplewood Historical Society Halloween Hoedown wearing a grape costume. Third,/ sent out a letter to approximatel y 100 people in late July or August asking people to consider Dale Trippler as a candidate for council in the upcoming special election. If there are additional accusations, I ask that they be brought forward to be investigated. /do not believe that I have violated any policies or laws with these actions. However, lam not capable of judging myself. If 1have been in violation, then I want to know and I want others to know so they can avoid these situations. I wish to issue a sincere apology to any council persons, staff or citizens that I have hurt or criticized during this situation. I will not seek to defend myself and will fully cooperate in any investigation. If I am found to be guilty of any violation, I will not appeal or argue the issue. Instead, I will accept whatever penalty is imposed. I would ask that all members of this council and any new council person elected on February 28 tl ' to take this position. 7. President's Visit-Mayor Longrie discussed the President's visit and the honor it was to have him visit the City of Maplewood. Mayor Longrie also thanked the Police and Fire Departments for doing an outstanding job during the President's visit. 8. Class B City Update-Mayor Longrie addressed rumors that she has heard about employee job security. She explained with a Class B city structure, the City Manager is the only one with the authority to hire and fire city staff. 9. League of Women Vo sponsoring the candid special election on Fe :orum-Mayor Longrie thanked the League of Women Voter's for forum which is now in rebroadcast. The forum was held for the 10. Mayor's Forum-In Mayor Longrie's absence, Councilmember Juenemann will be presiding over the March 4th Mayor's Forum. N. ADMINISTRATIVE PRESENTATIONS X 1. Candidates Forum-City Manager Fursman announced the Chamber of Commerce is sponsoring a Candidates Forum at the Best Western in Maplewood on Friday, February 24, 2006, at 7:30 a. m. 2. Ballot Question-City Manager Fursman explained the liquor license question on the ballot for the February 28, 2006 election. 19111= ► 1 Mayor Longrie adjourned the meeting at 6:27 p.m. City Council Meeting 02-13-06 16 AGENDA NO. H -1 AGENDA REPORT TO: City Council FROM: Finance Director RE: APPROVAL OF CLAIMS DATE: February 27, 2006 Attached is a listing of paid bills for informational purposes. The City Manager has reviewed the bills and authorized payment in accordance with City Council approved policies. ACCOUNTSPAYABLE: $ 1,895.27 Manual Check 9 69208 dated 02/09/06 $ 130,590.92 Checks 9 69209 thru 4 69251 dated 2 /10 /06 thru 2/14/06 $ 132,392.61 Disbursements via debits to checking account dated 02/03/06 thru 02/09/06 $ 163,534.14 Checks 9 69252 thru 9 69323 dated 02/21/06 $ 270,608.31 Disbursements via debits to checking account dated 02/10/06 thru 02/15/06 $ 699,021.25 Total Accounts Payable PAYROLL $ 487,652.17 Payroll Checks and Direct Deposits dated 02 -10 -06 $ 2,284.75 Payroll Deduction check 9 104158 thru 9 104159 dated 02/10/06 $ 489,936.92 Total Payroll $ 1,188,958.17 GRAND TOTAL Attached is a detailed listing of these claims. Please call me at 651- 249 -2902 if you have any questions on the attached listing. This will allow me to check the supporting documentation on file if necessary. ds attachments S: \CTY_CLRK\Agenda Lists and Reports 2006\Agenda Reports \02- 27 -06 \H1 Approval of Claims.xis vchlist 02/10/2006 9:26:26 AM Check Register CITY OF MAPLEWOOD Check Date Vendor Description /Account Amount 69208 21912006 01809 AGGREGATE INDUSTRIES NCR INC STORM SWR RIP RAP 1,895.27 69209 211412006 02114 CARL BOLANDER & SONS CO. AFTON HEIGHTS PARK REPAIR 43,383.12 69210 211412006 00283 CENTURY COLLEGE FF APPLICATION FEE 20.00 FF 1 TRAINING 542.00 69211 2/1412006 00354 CUSTOM FIRE APPARATUS, INC. ELECTRICAL REPAIR - PUMPER 171.43 69212 2/14/2006 03440 DELMEDICO MACHINE SHOP INC REPAIR POLICE EQUIPMENT 40.00 69213 211412006 03599 DENNY HECKER'S FORD LINCOLN INSPECT VEHICLE 62.52 69214 211412006 00358 DGM INC. TOW FORFEITURE VEHICLE 111.83 TOW FORFEITURE VEHICLE 111.83 TOW FORFEITURE VEHICLE 111.83 TOW FORFEITURE VEHICLE 111.83 TOW FORFEITURE VEHICLE 111.83 TOW FORFEITURE VEHICLE 197.03 TOW FORFEITURE VEHICLE 111.83 69215 2/1412006 03600 DISCOUNT STEEL INC TUBING & FLOOR PLATE 1,270.10 69216 211412006 03463 EBERT CONSTRUCTION APPLEWOOD PARK PYMT #6 4,649.93 69217 2/1412006 00463 EMERGENCY APPARATUS MAINT REPAIRAMBULANCE 4,731.85 69218 211412006 01973 ERICKSON OIL PRODUCTS INC CAR WASHES - JAN 148.00 69219 2/1412006 00003 ESCROW REFUND REF MIKE SEERY- ESCR CVS 1,000.00 69220 2/14/2006 03601 FAMILY INST FOR CREATIVE CHARITABLE GAMBLING AWARD 2,000.00 69221 2/14/2006 03343 GHIZONI PRODUCTIONS ENTERTAINMENT - JULY 4TH 750.00 69222 2/14/2006 00638 HAYMAN, JANET GREW REIMS FOR MILEAGE 1/21 -12/20 62.15 69223 2/14/2006 00660 HENNEPIN TECHNICAL COLLEGE FIRE DEPT TRAINING 655.00 69224 2/14/2006 00718 INDEPENDENT SCHOOL DIST #622 BASKETBALL LEAGUE GYM 197.90 GYM RENTAL 174.00 69225 2/10/2006 00749 JAHN, DAVID REPLACEMENT PAYROLL CHK 1,032.09 69226 2/14/2006 01894 KELLY & FAWCETT PA LEGAL SERVICES - JAN 18,692.77 69227 2/14/2006 00393 LABOR & INDUSTRY, DEPT OF MONTHLY SURTAX - JAN 1,87932 69228 2/14/2006 00906 M P E L R A MEMBERSHIP DUES 150.00 69229 2/14/2006 00908 M R P A AGENCY MEMBERSHIPS 1,545.00 69230 2/14/2006 03602 MN CHAPTER OF MAPMO MEMBERSHIP DUES 75.00 69231 2/14/2006 01060 MN STATE FIRE CHIEFS ASSOC MEMBERSHIP DUES 305.00 69232 2/10/2006 03248 MUSIC MAGIC DJ SERVICE FOR DANCE 2/10 325.00 69233 2/14/2006 01160 NEWMAN TRAFFIC SIGNS ALUMINUM SIGN BLANKS 1,693.89 69234 2/14/2006 02300 OAKDALE LOCKSMITHS SWITCH KEYS 47.93 69235 2/14/2006 00001 ONE TIME VENDOR REF PETER KUBESH - DOUBLE 200.00 69236 2/14/2006 00001 ONE TIME VENDOR REF EMMA NORTON - 183.32 69237 2/14/2006 00001 ONE TIME VENDOR REF JOHN LARRIVE - MEMBERSHIP 158.00 69238 2/14/2006 00001 ONE TIME VENDOR REF WILLIAM SWARD - 119.81 69239 2/14/2006 00001 ONE TIME VENDOR REF GLEN TSCHIDA- 66.00 69240 2/14/2006 00001 ONE TIME VENDOR REF JODI ABBOTT - PROG 35.00 69241 2/14/2006 00001 ONE TIME VENDOR REF C WEIGEL -PROG CANCELLED 35.00 69242 2/14/2006 01248 PARTY TIME LIQUOR ROOTBEER 9/24 55.32 69243 2/14/2006 01941 PATRICK GRAPHICS & TROPHIES BASKETBALL AWARDS 2,169.41 BASKETBALL AWARDS 1,197.86 69244 2/14/2006 00396 PUBLIC SAFETY, DEPT OF TRAINING REGISTRATION FEE 80.00 TRAINING REGISTRATION FEE 180.00 69245 2/14/2006 01340 REGIONS HOSPITAL MEDICAL SUPPLIES 231.83 69246 2/14/2006 01504 ST PAUL, CITY OF SHOWMOBILE FEE -4TH OF JULY 1,000.00 69247 2/14/2006 03288 UNIVERSITYAUTO SALES &SERV LLC REF ESCROW - UNIV AUTO SALES 6,066.60 69248 2/14/2006 02165 URS CORPORATION PROJ 03- 12PROF SRV THRU 2/11/05 8,972.15 69249 2/14/2006 01734 WALSH, WILLIAM P. COMMERCIAL PLUMBING INSP 799.80 69250 2/14/2006 01754 WEBER & TROSETH INC. RECHARGE FIRE EXTINGUISHER 12.00 69251 2/14/2006 01190 XCEL ENERGY GAS & ELECTRIC UTILITY 22,556.81 44 Checks in this report Total checks : 132,486.19 2 CITY OFMAPLBNOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 02/02/06 02/03/00 MIN State Treasurer Drivers License/Deputy Registrar 13.428.20 01127K06 02/03106 VV| Dept ofRevenue State Payroll Tax 1 01/31/00 02/03/06 ARC Administration DCRP& Flex plan payments 2 02/02/06 02/03/00 K4N Dept nf Natural Resources DNR electronic licenses 1.858.00 02/03/06 02/00/08 MN State Treasurer Drivers Licenee/DeputyFlegiatnar 14.216.87 02/06/08 02/07/06 MN State Treasurer Drivers License/Deputy Registrar 17 02/07/06 02/08/00 MN State Treasurer Drivers Lioenoa/DaputyR*gintnar 15.085.14 02/03/06 02/08/00 US Bank VISA One Card* Purchasing card items 54.848.07 02/08/06 02/09/00 MIN State Treasurer Drivers License/Deputy Registrar 11.184.48 TOTAL 13239201 *Detailed listing of VISA purchases is attached. Transactions 01 -21 -06 to 02- 03 -06. Trans Date Pasting Date Merchant Name Trans Amount Name 20060123 20060124 NAIL RECREATION AND PRK L $486.00 BRUCE K ANDERSON 20060120 20060123 CUB FOODS, INC. $12.10 MANDY ANZALDI 20060122 20060123 TARGET 00011858 $18.98 MANDY ANZALDI 20060126 20060130 CUB FOODS, INC. $4.03 MANDY ANZALDI 20060130 20060201 ORIENTAL TRADING CO $234.62 MANDY ANZALDI 20060131 20060201 TARGET 00011858 $15.96 MANDY ANZALDI 20060131 20060202 THE HOME DEPOT 2801 $42.53 MANDY ANZALDI 20060120 20060123 SHRED -IT 01 OF 01 $119.88 JOHN BANICK 20060124 20060126 AUTO GLASS SPECIALISTS -MN $197.59 JOHN BANICK 20060124 20060126 STRETCHERS INC $1,762.40 JOHN BANICK 20060202 20060203 JACK NADEL INC $1,717.20 JOHN BANICK 20060119 20060123 HENRIKSEN ACE HARDWARE $72.70 JIM BEHAN 20060120 20060123 TRI -DIM FILTER CORP $20.05 JIM BEHAN 20060120 20060123 TRI -DIM FILTER CORP $122.04 JIM BEHAN 20060120 20060123 TRI -DIM FILTER CORP $422.71 JIM BEHAN 20060121 20060123 UPS *0007NX6H8507 $10.38 JIM BEHAN 20060124 20060126 MCKAY DATA SYSTEMS INC $132.50 JIM BEHAN 20060124 20060126 AQUA LOGIC INC $794.98 JIM BEHAN 20060124 20060126 AQUA LOGIC INC $82.77 JIM BEHAN 20060124 20060126 AQUA LOGIC INC $39.34 JIM BEHAN 20060125 20060127 POOLSIDE $1,721.33 JIM BEHAN 20060127 20060130 HENRIKSEN ACE HARDWARE $80.18 JIM BEHAN 20060130 20060201 MINVALCO INC $265.97 JIM BEHAN 20060201 20060203 SIMPLEX GRINNELL WEB P $1,429.40 JIM BEHAN 20060120 20060123 THREE RIVERS PARK $115.00 OAKLEY BIESANZ 20060124 20060125 KNOWLANS #2 $11.95 OAKLEY BIESANZ 20060129 20060131 SEWARD COOP S4J $26.53 OAKLEY BIESANZ 20060131 20060202 BLUE RIBBON BAIT & TACKL $6.18 OAKLEY BIESANZ 20060130 20060201 A 1 VACUUM CLEANER AND $97.21 ROGER BREHEIM 20060125 20060126 A & K EQUIPMENT COMPANY $143.78 TROY BRINK 20060125 20060126 UNITED RENTALS $54.99 TROY BRINK 20060130 20060131 UNITED RENTALS ($54.99) TROY BRINK 20060120 20060123 YELLOW BOOK USA $814.00 HEIDI CAREY 20060201 20060202 FEDEX KINKO'S #0617 $95.85 HEIDI CAREY 20060123 20060124 CUSTOM HEADSETS INC $414.23 MELINDA COLEMAN 20060123 20060124 HILLYARD INC MINNEAPOLIS $650.00 LINDA CROSSON 20060124 20060125 GE CAPITAL $158.69 LINDA CROSSON 20060125 20060127 TIME WARNER CABLE $109.79 LINDA CROSSON 20060126 20060127 TERRYBERRY COMPANY $919.74 ROBERTA DARST 20060128 20060130 COMCAST CABLE COMM $111.30 ROBERTA DARST 20060131 20060201 DIAMOND VOGEL PAINTS #807 $286.49 THOMAS DEBILZAN 20060130 20060131 MENARDS 3059 $126.49 ROBERT J DOLLERSCHELL 20060131 20060202 OFFICE MAX 00002204 $8.51 ROBERT J DOLLERSCHELL 20060201 20060203 CUB FOODS, INC. $14.03 ROBERT J DOLLERSCHELL 20060119 20060123 HENRIKSEN ACE HARDWARE $51.91 LARRY FARR 20060120 20060123 UNITED ELECTRIC #7649 $293.75 LARRY FARR 20060126 20060127 ELECTRIC MOTOR REAPIR $136.15 LARRY FARR 20060127 20060130 WAL MART $6.26 LARRY FARR 20060130 20060131 DEPARTMENT OF LABOR AND 1 $110.00 LARRY FARR 20060130 20060131 ADAMS PEST CONTROL $321.74 LARRY FARR 20060130 20060131 ADAMS PEST CONTROL $193.04 LARRY FARR 20060130 20060202 VIKING ELECTRIC -ST. PAUL $120.27 LARRY FARR 20060131 20060201 CONTINENTAL RESEARCH $517.58 LARRY FARR 20060131 20060202 THE HOME DEPOT 2801 $13.79 LARRY FARR 20060120 20060123 TARGET 00011858 $60.43 GREG FINN 20060123 20060125 STREAMLINE DESIGN INC $242.25 GREG FINN 11 Transactions 01 -21 -06 to 02- 03 -06. Trans Date Pasting Date Merchant Name Trans Amount Name 20060127 20060130 BATTERIES PLUS $61.72 DAVID FISHER 20060131 20060201 PAYPAL INC $59.95 MYCHAL FOWLDS 20060118 20060126 ALPHA VIDEO & AUDIO $977.67 NICK FRANZEN 20060119 20060123 WWW.CIRCUITCITY.COM $340.76 NICK FRANZEN 20060120 20060123 WWW.CIRCUITCITY.COM $127.77 NICK FRANZEN 20060120 20060126 ALPHA VIDEO & AUDIO $480.00 NICK FRANZEN 20060124 20060126 CIRCUIT CITY SS #3137 $14.88 NICK FRANZEN 20060125 20060127 CIRCUIT CITY SS #3137 $19.16 NICK FRANZEN 20060128 20060130 HP DIRECT- PUBLICSECTOR $326.96 NICK FRANZEN 20060202 20060203 HP DIRECT- PUBLICSECTOR $2,674.99 NICK FRANZEN 20060131 20060202 BROCK WHITE -180 $417.30 RONALD FREBERG 20060129 20060131 SPRINT PCS #226 $612.33 RICHARD FURSMAN 20060127 20060130 WOLF CAMERA #1530 $28.90 CLARENCE GERVAIS 20060128 20060130 BATTERIES PLUS $42.59 CLARENCE GERVAIS 20060125 20060126 S & T OFFICE PRODUCTS $98.98 JEAN GLASS 20060125 20060126 TECHNAGRAPHICS $1,467.57 KAREN E GUILFOILE 20060126 20060127 PROPERTYKEY.COM, INC. $50.00 KAREN E GUILFOILE 20060131 20060202 HEADSET INNOVATIONS $325.85 KAREN E GUILFOILE 20060131 20060202 HEADSETS.COM INC $787.85 KAREN E GUILFOILE 20060120 20060123 THE HOME DEPOT 2801 $52.32 MARK HAAG 20060124 20060126 GARELICK STEEL CO. INC $321.67 MARK HAAG 20060124 20060126 HENRIKSEN ACE HARDWARE $10.95 MARK HAAG 20060120 20060123 S & T OFFICE PRODUCTS $77.93 LORI HANSON 20060123 20060124 S & T OFFICE PRODUCTS $27.03 LORI HANSON 20060126 20060127 S & T OFFICE PRODUCTS $91.04 LORI HANSON 20060131 20060201 S & T OFFICE PRODUCTS $19.04 LORI HANSON 20060131 20060201 S & T OFFICE PRODUCTS $39.25 LORI HANSON 20060201 20060202 S & T OFFICE PRODUCTS ($42.60) LORI HANSON 20060128 20060130 TARGET 00011858 $22.78 PATRICK HEFFERNAN 20060130 20060131 TARGET 00011858 $22.65 PATRICK HEFFERNAN 20060119 20060123 AMERICAN RED CROS01 OF 01 $28.00 RON HORWATH 20060120 20060123 OFFICE MAX 00002204 $5.31 RON HORWATH 20060131 20060202 RECREATION SUPPLY COMPANY $146.57 RON HORWATH 20060201 20060203 DE LAGS LANDEN OP01 OF 01 $206.61 ANN E HUTCHINSON 20060120 20060123 UNIFORMS UNLIMITED INC $76.00 KEVIN JOHNSON 20060120 20060123 SAMMY'S PIZZA DULUTH INC $11.00 KEVIN JOHNSON 20060120 20060123 SUBWAY #10659 $5.95 KEVIN JOHNSON 20060121 20060123 HOLIDAY INN HOTEL AND SUI $11.00 KEVIN JOHNSON 20060121 20060123 HOLIDAY INN HOTEL AND SUI $5.62 KEVIN JOHNSON 20060122 20060124 HOLIDAY INN HOTEL AND SUI $5.73 KEVIN JOHNSON 20060123 20060124 HOLIDAY INN HOTEL AND SUI $277.98 KEVIN JOHNSON 20060120 20060123 WOLF CAMERA #1530 $9.36 TOM KALKA 20060201 20060203 HOLIDAY #523 $7.86 TOM KALKA 20060201 20060203 OFFICE MAX 00002204 $7.44 TOM KALKA 20060201 20060203 CUB FOODS, INC. $34.05 TOM KALKA 20060201 20060203 GOODYEAR AUTO SRV CT 6920 $44.00 FLINT KARIS 20060127 20060130 MECA $35.00 LOIS KNUTSON 20060125 20060127 CENTURY COMMUNITY TECHNIC $1,404.21 DAVID KVAM 20060122 20060124 HYATT REGENCY PIER 66 $663.78 SHERYL L LE 20060121 20060123 OFFICE MAX 00005272 $6.38 MICHAEL LIDBERG 20060128 20060130 CUB FOODS #3123 $10.00 MICHAEL LIDBERG 20060120 20060123 MENARDS 3022 $144.90 DENNIS LINDORFF 20060120 20060123 SBC PAGING $17.71 STEVE LUKIN 20060125 20060126 EMERGENCY APPARATUS MAINT $949.85 STEVE LUKIN 20060125 20060126 EMERGENCY APPARATUS MAINT $1,106.87 STEVE LUKIN 20060126 20060127 TARGET 00011858 $62.84 STEVE LUKIN Transactions 01 -21 -06 to 02- 03 -06. Trans Date Pasting Date Merchant Name Trans Amount Name 20060131 20060202 METRO SALES INC $238.00 STEVE LUKIN 20060201 20060202 AIRGAS NORTH CENTRAL INT $962.64 STEVE LUKIN 20060201 20060202 METROCALL ARCH WIRE $39.35 ED NADEAU 20060124 20060125 SPRINT *WIRELESS SVCS $254.37 BRYAN NAGEL 20060125 20060126 CINTAS FIRST AID #431 $41.35 BRYAN NAGEL 20060127 20060130 RED WING SHOE STORE $164.90 BRYAN NAGEL 20060130 20060131 S & T OFFICE PRODUCTS $231.94 AMY NIVEN 20060201 20060202 S & T OFFICE PRODUCTS $22.51 AMY NIVEN 20060201 20060202 S & T OFFICE PRODUCTS $14.30 AMY NIVEN 20060201 20060202 S & T OFFICE PRODUCTS $137.99 AMY NIVEN 20060120 20060123 QWEST *COMMUNICATION $690.00 MARSHA PACOLT 20060201 20060202 QWEST *COMMUNICATION $690.00 MARSHA PACOLT 20060126 20060127 S & T OFFICE PRODUCTS $67.89 KATHLEEN PECK HALL 20060126 20060127 S & T OFFICE PRODUCTS $60.36 KATHLEEN PECK HALL 20060131 20060201 S & T OFFICE PRODUCTS $69.21 KATHLEEN PECK HALL 20060124 20060126 EAT INC $18.00 ROBERT PETERSON 20060124 20060126 YOCUM OIL CO $62.25 ROBERT PETERSON 20060120 20060123 COMMUNICATIONS USA INC $103.00 PHILIP F POWELL 20060120 20060123 AGT BATTERY LLC $397.10 PHILIP F POWELL 20060121 20060123 ULINE *SHIP SUPPLIES $52.19 PHILIP F POWELL 20060123 20060124 U.S. TACTICAL SUPPLY INC $140.95 PHILIP F POWELL 20060125 20060126 MEDCO SUPPLY $51.00 PHILIP F POWELL 20060125 20060126 FITZCO INC $79.68 PHILIP F POWELL 20060125 20060127 HENRIKSEN ACE HARDWARE $21.99 PHILIP F POWELL 20060127 20060130 FSC, INC. $43.55 PHILIP F POWELL 20060129 20060201 ADORAMA INC $143.20 PHILIP F POWELL 20060131 20060202 KMART 00071068 $44.70 PHILIP F POWELL 20060131 20060202 TOOLS & MORE $72.30 PHILIP F POWELL 20060201 20060202 BATTERIES PLUS $18.40 PHILIP F POWELL 20060201 20060203 HENRIKSEN ACE HARDWARE $7.47 PHILIP F POWELL 20060201 20060203 THE HOME DEPOT 2801 $41.27 PHILIP F POWELL 20060120 20060123 TARGET 00011858 $94.56 ROBERT PRECHTEL 20060121 20060123 BOUND TREE MEDICAL LLC $118.11 ROBERT PRECHTEL 20060125 20060126 DAVANNI'S #18 - WOODBU $84.97 ROBERT PRECHTEL 20060125 20060127 CUB FOODS #3123 $13.18 ROBERT PRECHTEL 20060127 20060130 BOUND TREE MEDICAL LLC $149.34 ROBERT PRECHTEL 20060201 20060202 GE CAPITAL $331.22 WILLIAM J PRIEFER 20060202 20060203 SPRINT *WIRELESS SVCS $515.05 WILLIAM J PRIEFER 20060119 20060123 WHITE BEAR DODGE INC $81.54 STEVEN PRIEM 20060120 20060123 KATH AUTO PARTS NSP $50.92 STEVEN PRIEM 20060120 20060123 GOODYEAR AUTO SRV CT 6920 $54.00 STEVEN PRIEM 20060120 20060123 SOI *SNAP -ON INDUSTRIAL $58.00 STEVEN PRIEM 20060120 20060123 TRI STATE BOBCAT $179.13 STEVEN PRIEM 20060123 20060124 CERTIFIED LABORATORIES $134.22 STEVEN PRIEM 20060123 20060125 BOYER FORD TRUCKS INC $78.40 STEVEN PRIEM 20060124 20060125 POLAR CHEVROLET $9.86 STEVEN PRIEM 20060124 20060125 POLAR CHEVROLET $24.42 STEVEN PRIEM 20060124 20060127 AMERICAN FASTENER & SUPPL $119.54 STEVEN PRIEM 20060125 20060126 TERMINAL SUPPLY, INC. $84.54 STEVEN PRIEM 20060125 20060127 BAUER BOLT TRE33200023 $287.55 STEVEN PRIEM 20060126 20060127 KATH AUTO PARTS NSP $45.80 STEVEN PRIEM 20060126 20060130 TOUSLEY FORD 127200039 $78.83 STEVEN PRIEM 20060127 20060130 MACQUEEN EQUIPMENT INC $1,562.48 STEVEN PRIEM 20060127 20060130 MACQUEEN EQUIPMENT INC $1,349.39 STEVEN PRIEM 20060127 20060130 HOTSY EQUIPMENT OF MINNES $94.56 STEVEN PRIEM 20060130 20060131 L Z TRUCK EQUIPMENT $149.00 STEVEN PRIEM Transactions 01 -21 -06 to 02- 03 -06. Trans Date Pasting Date Merchant Name Trans Amount Name 20060130 20060131 SOI *SNAP -ON INDUSTRIAL $103.21 STEVEN PRIEM 20060130 20060131 PAM OIL INC $217.47 STEVEN PRIEM 20060130 20060201 BAUER BOLT TRE33200023 $44.50 STEVEN PRIEM 20060131 20060201 PIONEER RIM & WHEEL CO. $1,336.02 STEVEN PRIEM 20060131 20060202 TOUSLEY FORD 127200039 $275.76 STEVEN PRIEM 20060131 20060202 TOUSLEY FORD 127200039 $40.43 STEVEN PRIEM 20060131 20060202 FELLING TRAILERS INC $158.11 STEVEN PRIEM 20060201 20060202 MTI DISTRIBUTING, INC. -PL $732.58 STEVEN PRIEM 20060201 20060203 BOYER FORD TRUCKS INC $25.62 STEVEN PRIEM 20060201 20060203 BOYER FORD TRUCKS INC $3.90 STEVEN PRIEM 20060202 20060203 KATH AUTO PARTS NSP $68.10 STEVEN PRIEM 20060202 20060203 KATH AUTO PARTS NSP $36.16 STEVEN PRIEM 20060202 20060203 KATH AUTO PARTS NSP $59.61 STEVEN PRIEM 20060202 20060203 KATH AUTO PARTS NSP $3.09 STEVEN PRIEM 20060126 20060127 HILLYARD INC MINNEAPOLIS $1,179.86 MICHAEL REILLY 20060131 20060203 DALCO ENTERPRISES, INC $848.02 MICHAEL REILLY 20060124 20060125 TARGET 00011858 $150.86 AUDRA ROBBINS 20060120 20060123 WW GRAINGER 500 $272.21 ROBERT RUNNING 20060120 20060126 ABLE HOSE & RUBBER, INC $161.84 ROBERT RUNNING 20060124 20060125 A & K EQUIPMENT COMPANY $570.84 ROBERT RUNNING 20060125 20060127 DISCOUNT STEEL INC $935.71 ROBERT RUNNING 20060127 20060130 MENARDS 3059 $416.16 ROBERT RUNNING 20060130 20060131 UNITED RENTALS $45.48 ROBERT RUNNING 20060130 20060131 UNITED RENTALS $42.59 ROBERT RUNNING 20060130 20060201 THE HOME DEPOT 2801 $49.59 ROBERT RUNNING 20060124 20060125 MENARDS 3022 $21.09 JAMES SCHINDELDECKER 20060124 20060125 MENARDS 3059 $9.56 JAMES SCHINDELDECKER 20060126 20060127 MENARDS 3059 $4.87 JAMES SCHINDELDECKER 20060127 20060130 ROCKLER WOODWORK 013 $5.31 JAMES SCHINDELDECKER 20060127 20060130 MENARDS 3022 $15.11 JAMES SCHINDELDECKER 20060127 20060130 MILLS FLEET FARM #27 $14.69 JAMES SCHINDELDECKER 20060120 20060123 SHRED -IT 01 OF 01 $17.65 DEB SCHMIDT 20060201 20060202 S & T OFFICE PRODUCTS $48.99 DEB SCHMIDT 20060126 20060127 CLOVER SUPER FOODS $138.79 RUSSELL L SCHMIDT 20060201 20060202 T- MOBILE $46.36 SCOTT SCHULTZ 20060124 20060126 UNIFORMS UNLIMITED INC $190.79 MICHAEL SHORTREED 20060126 20060130 UNIFORMS UNLIMITED INC $65.00 MICHAEL SHORTREED 20060131 20060202 UNIFORMS UNLIMITED INC $567.12 MICHAEL SHORTREED 20060124 20060125 S & T OFFICE PRODUCTS $25.88 ANDREA SINDT 20060201 20060202 S & T OFFICE PRODUCTS $18.74 ANDREA SINDT 20060122 20060123 TARGET 00006940 $73.91 PAULINE STAPLES 20060130 20060131 SUBWAY #400 $4.89 SCOTT STEFFEN 20060131 20060201 SUBWAY #400 $7.01 SCOTT STEFFEN 20060201 20060202 SUBWAY #400 $6.04 SCOTT STEFFEN 20060120 20060123 KIN *VOLUNTEER FIRE $50.00 RUSTIN SVENDSEN 20060128 20060130 LABSAFE* $241.63 RUSTIN SVENDSEN 20060201 20060203 ASPEN MILLS 8005717343 $99.79 RUSTIN SVENDSEN 20060201 20060203 ASPEN MILLS 8005717343 $207.83 RUSTIN SVENDSEN 20060119 20060123 OFFICE MAX 00002204 $42.04 LYLE SWANSON 20060120 20060123 MUSKA LIGHTING CENTER $200.15 LYLE SWANSON 20060120 20060123 HIRSHFIELD'S MAPLEWOOD $19.48 LYLE SWANSON 20060124 20060125 ALL MAIN STREET ELECTRIC $580.00 LYLE SWANSON 20060201 20060202 T- MOBILE $105.70 DOUGLAS J TAUBMAN 20060121 20060123 QWESTCOMM *TN612 $70.29 JUDY TETZLAFF 20060121 20060123 QWESTCOMM *TN612 $140.58 JUDY TETZLAFF 20060121 20060123 QWESTCOMM *TN612 $70.29 JUDY TETZLAFF Transactions 01 -21 -06 to 02- 03 -06. Trans Date Pasting Date Merchant Name Trans Amount Name 20060121 20060123 QWESTCOMM *TN612 $99.68 JUDY TETZLAFF 20060121 20060123 QWESTCOMM *TN612 $99.68 JUDY TETZLAFF 20060121 20060123 QWESTCOMM *TN612 $856.51 JUDY TETZLAFF 20060121 20060123 QWESTCOMM *TN612 $372.92 JUDY TETZLAFF 20060121 20060123 QWESTCOMM *TN612 $99.68 JUDY TETZLAFF 20060121 20060123 QWESTCOMM *TN612 $99.68 JUDY TETZLAFF 20060121 20060123 QWESTCOMM *TN612 $70.29 JUDY TETZLAFF 20060123 20060124 QWESTCOMM *TN651 $57.65 JUDY TETZLAFF 20060124 20060126 TRUCK UTILITES INC $123.41 TODD TEVLIN 20060125 20060127 HENRIKSEN ACE HARDWARE $41.76 TODD TEVLIN 20060201 20060202 NORTHERN TOOL EQUIPMNT $79.86 TODD TEVLIN 20060127 20060130 AE SIGN SYSTEMS $64.54 SUSAN ZWIEG 20060127 20060131 QUILL CORPORATION $340.75 SUSAN ZWIEG $54,848.07 Vchlist 02/17/2006 10:59:36 AM Check Register CITY OF MAPLEWOOD Check Date Vendor Description /Account Amount 69252 2/2112006 02347 10,000 LAKES CHAPTER TRAINING REGISTRATION 175.00 69253 2/21/2006 01809 AGGREGATE INDUSTRIES NCR INC SAFETY GRIT - TAX & DELIVERY 3,343.46 69254 2/21/2006 00111 ANIMAL CONTROL SERVICES INC PATROL & BOARDING FEES 1130 - 1,737.63 69255 2/21/2006 02034 ASSN FOR NONSMOKERS NORTH SUBURB TOBACCO COMP 1,934.50 69256 2/21/2006 01811 BERNATELLO'S PIZZA INC MERCH FOR RESALE 126.00 69257 2/21/2006 01869 BOETCHER, DALE VOLLEYBALL OFFICIAL 176.00 69258 2/2112006 01865 BOWMAN, DON VOLLEYBALL OFFICIAL & 598.00 69259 2/21/2006 00206 BOYER TRUCK PARTS FUEL TANK 606.47 69260 2/2112006 00211 BRAUN INTERTEC CORP. PROJ 03 -19 PW BLDG ADDITION 298.00 69261 2/21/2006 00218 BROADWAY BUILDERS REF GRADING ESC - 503 DORLAND 2,00126 69262 2/21/2006 00494 CHILDREN HOME & FAMILY SERVICE YOUTH DIVERSION PROGRAM - 3,526.08 69263 2/21/2006 02050 CRITICAL CONNECTION ECOLOGICAL BUCKTHORN REMOVAL 566.43 69264 2/21/2006 00363 DLT SOLUTIONS, INC. AUTOCAD SOFTWARE 2,168.00 69265 2/21/2006 03035 DOLLERSCHELL, BOB REIMB FOR SEMINAR FEE 2/11 15.00 69266 2/2112006 00451 ELAN -MCKAY ELECTRICAL CONTR REPAIR GARAGE BAY HEATER 148.00 69267 2/21/2006 03576 EUREKA RECYCLING RECYCLING - FEB 16,913.42 69268 2/2112006 00487 F.M. FRATTALONE EXC INC PROJ 02 -07 COUNTY RD D PYMT 12,296.65 69269 2/21/2006 00499 FAUST, DANIEL REIMB FOR MEAL - 1/27 5.50 69270 2/21/2006 00509 FIRE MARSHAL ASSN OF MN MEMBERSHIP 35.00 69271 2/21/2006 00509 FIRE MARSHAL ASSN OF MN MEMBERSHIP 35.00 69272 2/21/2006 00520 FLOR, TIMOTHY W REIMB FOR TUITION 210.00 69273 2/21/2006 01867 HANSON, PERRY VOLLEYBALL OFFICIAL 396.00 69274 2/2112006 02945 HEALTHEAST VEHICLE SERVICES INSTALL PREEMPTION SYSTEM 148.15 69275 2/21/2006 03155 HIBBERD, JOSEPH H FOOD INSPECTIONS & 2,433.75 69276 2/2112006 03330 HOISINGTON KOEGLER GROUP INC PROJ 04 -21 GLADSTONE REDEV 4,283.48 69277 2/21/2006 03538 HUBBARD, PATRICK JAMES VOLLEYBALL OFFICIAL 792.00 69278 2/21/2006 00721 INDEPENDENT SPORTS NETWORK BASKETBALL OFFICIAL SERVICE 1,368.00 69279 2/21/2006 00489 INTEREUM INC OFFICE PANEL & WORK SURFACE 1,806.24 69280 2/21/2006 02787 KALKA, THOMAS M REIMB FOR REFRESHMENTS 2 -1 49.06 69281 2/21/2006 00789 KATH FUEL OIL SERVICE CO UNLEADED MID -GRADE {89 13,002.28 69282 2/2112006 01894 KELLY & FAWCETT PA PROSECUTION SERVICES - JAN 9,825.00 69283 2/21/2006 03021 KIMLINGER, JENNIFER VOLLEYBALL OFFICIAL 396.00 69284 2/2112006 03607 KIMLINGER, ROB VOLLEYBALL OFFICIAL 264.00 69285 2/21/2006 00908 M R P A STATE TOURNAMENT FEES 650.00 69286 2/21/2006 00910 M S S A MEMBERSHIP 35.00 69287 2/21/2006 03332 MC CARTY, GLEN REIMB FOR MEALS & BOOK 1/12 - 45.86 REIMB FOR MEALS 10 -26 - 12 -28 26.61 69288 2/21/2006 02651 MCI MCI NETWORK PHONE CHARGE 5.54 69289 2/2112006 03023 MELANDER, JON VOLLEYBALL OFFICIAL 330.00 69290 2/21/2006 00977 METRO ATHLETIC SUPPLY SOFTBALLS 2,067.48 69291 2/21/2006 00986 METROPOLITAN COUNCIL MONTHLY SAC - JAN 9,207.00 69292 2/21/2006 01058 MN SHREDDING LLC SHREDDING SERVICE 170.83 69293 2/21/2006 03022 MOTT, RANDALL VOLLEYBALL OFFICIAL 330.00 69294 2/21/2006 01124 NATL ASSN OF TOWN WATCH - NATW MEMBERSHIP 25.00 69295 2/2112006 00001 ONE TIME VENDOR REF ST PAUL SHEET METAL- FOOD 610.00 69296 2/21/2006 00001 ONE TIME VENDOR REF M STELLMACH - MEMBERSHIP 56.58 69297 2/2112006 00001 ONE TIME VENDOR REF DEBBIE COOK - PROG 35.00 69298 2/21/2006 00001 ONE TIME VENDOR REF KATHY WESTBERG - TICKETS 17.04 69299 2/21/2006 00001 ONE TIME VENDOR REF SARA KOPPE - MEMBERSHIP 10.00 69300 2/21/2006 02043 OVERHEAD DOOR COMPANY REPAIR PW GARAGE DOOR 5,254.82 69301 2/21/2006 01863 PACKER, ROGER VOLLEYBALL OFFICIAL 880.00 9 Vchlist 02/17/2006 10:59:36 AM Check Register CITY OF MAPLEWOOD Check Date Vendor Description /Account Amount 69302 2/21/2006 02270 PALDA & SONS INC PROJ 02 -08 COUNTY RD D PYMT #6 6,155.38 69303 2/21/2006 03608 PETERSON, MARK REIMB FOR BATTERY 50.99 69304 2/21/2006 01284 POSTMASTER BRM PERMIT RENEWAL #625000 160.00 69305 2/21/2006 01359 REGAL AUTO WASH DETAIL XX CAR WASHES - JAN 65.91 69306 2/21/2006 03446 RICK JOHNSON DEER & BEAVER INC DEER PICKUP - JAN 100.00 69307 2/21/2006 03533 ROESER, RICHARD MICHAEL REF GRADING ESC - 457 O'DAY CIR 500.00 69308 2/21/2006 02663 SAARION, CARL VOLLEYBALL OFFICIAL 44.00 69309 2/21/2006 03215 SHAFER CONTRACTING CO INC PROJ 02 -07 CTY RD D PYMT #11 21,934.37 69310 2/21/2006 03398 SHAMROCK GROUP MERCH FOR RESALE 271.00 69311 2/21/2006 03557 SIKORA, PAUL VOLLEYBALL OFFICIAL 66.00 69312 2/21/2006 03609 SILHOUETTE IMAGING CORP TONER CARTRIDGES 83.07 69313 2/21/2006 01504 ST PAUL, CITY OF MEDICAL SUPPLIES 1,176.63 RADIO SERVICE & MAINT - JAN 16.65 69314 2/21/2006 01059 STATE OF MN DOT INSPECTION DECALS 48.00 69315 2/21/2006 01915 STEFFEN, NANCY VOLLEYBALL OFFICIAL 198.00 69316 2/21/2006 01574 T.A. SCHIFSKY & SONS, INC REF GRADING ESCROW - 1762 500.00 69317 2/21/2006 01695 UNITED RENTALS, INC. PARKAS 919.11 69318 2/21/2006 03606 URBAN COMPANIES AFTON PARK REPAIR WORK 500.00 69319 2/21/2006 01734 WALSH, WILLIAM P. COMMERCIAL PLUMBING INSP 116.88 69320 2/21/2006 01750 WATSON CO INC, THE MERCH FOR RESALE 432.06 69321 2/21/2006 01755 WEBER ELECTRIC REPLACE GFI INLINE & AMP 311.42 69322 2/21/2006 01872 WEBER, MARK VOLLEYBALL OFFICIAL 330.00 69323 2/21/2006 01190 XCEL ENERGY GAS & ELECTRIC UTILITY 532.15 ELECTRIC UTILITY 56.25 GAS & ELECTRIC UTILITY 10,035.26 ELECTRIC UTILITY 1,221.51 ELECTRIC UTILITY 12,209.53 GAS & ELECTRIC UTILITY 4,061.85 72 Checks in this report Total checks: 163,534.14 10 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 02/09/06 02/10/06 MN State Treasurer Drivers License /Deputy Registrar 11,735.83 02/10/06 02/10/06 ICMA (Vantagepointe) Deferred Compensation 7,942.92 02/09/06 02/10/06 MN Dept of Natural Resources DNR electronic licenses 1,126.00 02/10/06 02/13/06 MN State Treasurer Drivers License /Deputy Registrar 10,792.06 02/10/06 02/13/06 U.S. Treasurer Federal Payroll Tax 99,034.87 02/10/06 02/13/06 P.E.R.A. P.E.R.A. 63,341.93 02/10/06 02/13/06 Orchard Trust Deferred Compensation 28,802.66 02/13/06 02/14/06 MN State Treasurer Drivers License /Deputy Registrar 12,949.00 02/10/06 02/14/06 MN State Treasurer State Payroll Tax 19,046.49 02/10/06 02/14/06 MidAmerica - ING HRA Flex plan 3,011.71 02/10/06 02/14/06 Labor Unions Union Dues 1,719.88 02/10/06 02/14/06 Federal Reserve Bank Savings Bonds 100.00 02/14/06 02/15/06 MN State Treasurer Drivers License /Deputy Registrar 11,004.96 TOTAL i'.i71> - I - *� III CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 12 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 02 /10 /06 HJELLE, ERIK 397.80 dd 02/10/06 JUENEMANN, KATHLEEN 397.80 dd 02/10/06 ROSSBACH, WILLIAM 397.80 dd 02/10/06 COLEMAN, MELINDA 4,393.88 dd 02/10/06 DARST, ROBERTA 1,863.89 dd 02/10/06 FURSMAN, RICHARD 5,205.58 dd 02/10/06 FARR, LARRY 1,821.04 dd 02/10/06 SWANSON, LYLE 1,711.57 dd 02/10/06 LE, JENNIFER 310.50 dd 02/10/06 LE, SHERYL 4,246.65 dd 02/10/06 RAMEAUX, THERESE 2,448.11 dd 02/10/06 FAUST, DANIEL 4,417.22 dd 02/10/06 SCHMIDT, DEBORAH 1,57096 dd 02/10/06 ANDERSON, CAROLE 2,446.24 dd 02/10/06 BAUMAN, GAYLE 3,537.43 dd 02/10/06 JACKSON, MARY 1,873.35 dd 02/10/06 KELSEY, CONNIE 2,580.21 dd 02/10/06 TETZLAFF, JUDY 1,873.35 dd 02/10/06 FRY, PATRICIA 1,738.95 dd 02/10/06 GUILFOILE, KAREN 3,094.70 dd 02/10/06 MORSON, JOHN 510.72 dd 02/10/06 SPANGLER, EDNA 817.71 dd 02/10/06 JAGOE, CAROL 1,679.66 dd 02/10/06 JOHNSON, BONNIE 1,148.90 dd 02/10/06 MECHELKE, SHERRIE 1,705.84 dd 02/10/06 MOY, PAMELA 970.94 dd 02/10/06 OLSON, SANDRA 2,188.45 dd 02/10/06 OSTER, ANDREA 1,764.46 dd 02/10/06 WEAVER, KRISTINE 1,839.76 dd 02/10/06 BANICK, JOHN 3,987.34 dd 02/10/06 CORCORAN, THERESA 1,701.36 dd 02/10/06 POWELL, PHILIP 2,336.04 dd 02/10/06 RICHIE, CAROLE 1,716.28 dd 02/10/06 THOMALLA, DAVID 4,429.00 dd 02/10/06 ABEL, CLINT 2,863.63 dd 02/10/06 ALDRIDGE, MARK 2,783.32 dd 02/10/06 ANDREWS, SCOTT 3,578.95 dd 02/10/06 BAKKE, LONN 3,078.52 dd 02/10/06 BELDE, STANLEY 2,445.82 dd 02/10/06 BIERDEMAN, BRIAN 2,445.83 dd 02/10/06 BOHL, JOHN 3,214.53 12 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 13 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 02/10106 BUSACK, DANIEL 1,800.11 dd 02/10106 COFFEY, KEVIN 2,352.98 dd 02/10106 GROTTY, KERRY 3,233.21 dd 02/10106 DOBLAR, RICHARD 3,45833 dd 02/10106 DUNN, ALICE 2,580.82 dd 02/10106 GABRIEL, ANTHONY 1,988.74 dd 02/10106 HEINZ, STEPHEN 2,560.59 dd 02/10106 HIEBERT, STEVEN 3,229.57 dd 02/10106 JOHNSON, KEVIN 3,691.84 dd 02/10106 KALKA, THOMAS 1,225.41 dd 02/10106 KARIS, FLINT 3,773.63 dd 02/10106 KONG, TOMMY 2,521.51 dd 02/10106 KROLL, BRETT 2,944.57 dd 02/10106 KVAM, DAVID 3,523.42 dd 02/10106 LANGNER, TODD 1,680.93 dd 02/10106 LU, JOHNNIE 3,172.65 dd 02/10106 MARINO, JASON 2,687.05 dd 02/10106 MARTIN, JERROLD 2,51438 dd 02/10106 MCCARTY, GLEN 2,652.96 dd 02/10106 METRY, ALESIA 2,524.40 dd 02/10106 NYE, MICHAEL 1,968.73 dd 02/10106 OLSON, JULIE 2,742.23 dd 02/10106 RABBETT, KEVIN 3,587.70 dd 02/10106 RHUDE, MATTHEW 1,653.43 dd 02/10106 STEFFEN, SCOTT 3,340.98 dd 02/10106 STEINER, JOSEPH 1,655.91 dd 02/10106 SYPNIEWSKI, WILLIAM 1,685.93 dd 02/10106 SZCZEPANSKI, THOMAS 2,60730 dd 02/10106 WENZEL, JAY 2,709.13 dd 02/10106 XIONG, KAO 2,433.22 dd 02/10106 BARTZ, PAUL 2,913.57 dd 02/10106 BERGERON, JOSEPH 3,38139 dd 02/10106 DUGAS, MICHAEL 2,577.07 dd 02/10106 ERICKSON, VIRGINIA 2,713.80 dd 02/10106 FLOR, TIMOTHY 4,113.69 dd 02/10106 FRASER, JOHN 2,945.66 dd 02/10106 LANGNER, SCOTT 2,217.28 dd 02/10106 PALMA, STEVEN 3,401.17 dd 02/10106 THEISEN, PAUL 2,217.28 dd 02/10106 THIENES, PAUL 2,628.65 dd 02/10106 CARLSON, BRIAN 1,864.53 13 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 1111 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 02/10106 DAWSON, RICHARD 2,272.98 dd 02/10106 DUELLMAN, KIRK 2,166.89 dd 02/10106 EVERSON, PAUL 2,709.28 dd 02/10106 HALWEG, JODI 1,869.77 dd 02/10106 JOHNSON, DOUGLAS 2,394.87 dd 02/10106 MYERS, TODD 1,864.53 dd 02/10106 NOVAK, JEROME 2,279.40 dd 02/10106 PARSONS, KURT 2,143.18 dd 02/10106 PETERSON, ROBERT 2,38432 dd 02/10106 PRECHTEL, ROBERT 2,211.08 dd 02/10106 SVENDSEN, RONALD 2,721.20 dd 02/10106 GERVAIS -JR, CLARENCE 2,86834 dd 02/10106 BAUER, MICHELLE 2,46338 dd 02/10106 FLAUGHER, JAYME 1,993.53 dd 02/10106 HERMANSON, CHAD 1,603.75 dd 02/10106 HUBIN, KENNARD 1,825.13 dd 02/10106 KNAPP, BRETT 1,61836 dd 02/10106 LINN, BRYAN 1,969.83 dd 02/10106 PACOLT, MARSHA 2,529.68 dd 02/10106 RABINE, JANET 2,505.11 dd 02/10106 SCHAULS, ADAM 273.00 dd 02/10106 STAHNKE, JULIE 2,146.49 dd 02/10106 LUKIN, STEVEN 4,016.18 dd 02/10106 SVENDSEN, RUSTIN 3,21937 dd 02/10106 ZWIEG, SUSAN 2,028.76 dd 02/10106 DOLLERSCHELL, ROBERT 29339 dd 02/10106 AHL, R. CHARLES 4,675.69 dd 02/10106 BREHEIM, ROGER 1,897.97 dd 02/10106 GROHS, JUDITH 1,820.28 dd 02/10106 KONEWKO, DUWAYNE 3,059.51 dd 02/10106 NIVEN, AMY 1,254.40 dd 02/10106 PRIEFER, WILLIAM 2,601.27 dd 02/10106 BRINK, TROY 1,871.14 dd 02/10106 BRUNELL, DAVID 1,573.08 dd 02/10106 DEBILZAN, THOMAS 2,005.27 dd 02/10106 EDGE, DOUGLAS 2,005.27 dd 02/10106 JONES, DONALD 2,049.27 dd 02/10106 MEYER, GERALD 1,981.79 dd 02/10106 NAGEL, BRYAN 2,368.18 dd 02/10106 OSWALD, ERICK 2,080.46 dd 02/10106 RUNNING, ROBERT 1,807.75 1111 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD im CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 02/10106 TEVLIN, TODD 2,079.97 dd 02/10106 DUCHARME, JOHN 2,414.88 dd 02/10106 ENGSTROM, ANDREW 1,694.15 dd 02/10106 ISAKSON, CHAD 103.95 dd 02/10106 JACOBSON, SCOTT 2,010.76 dd 02/10106 JAROSCH, JONATHAN 2,030.15 dd 02/10106 KNUTSON, LOIS 1,50590 dd 02/10106 KUMMER, STEVEN 2,366.82 dd 02/10106 LABEREE, ERIN 2,88235 dd 02/10106 LINDBLOM, RANDAL 2,703.27 dd 02/10106 PECK, DENNIS 2,421.79 dd 02/10106 PRIEBE, WILLIAM 2,417.17 dd 02/10106 THOMPSON, MICHAEL 2,337.67 dd 02/10106 ANDERSON, BRUCE 4,359.27 dd 02/10106 CAREY, HEIDI 2,138.16 dd 02/10106 HALL, KATHLEEN 1,820.28 dd 02/10106 MARUSKA, MARK 2,754.63 dd 02/10106 NAUGHTON, JOHN 1,770.15 dd 02/10106 SCHINDELDECKER, JAMES 1,895.66 dd 02/10106 BIESANZ, OAKLEY 1,658.82 dd 02/10106 HAYMAN, JANET 1,470.05 dd 02/10106 HUTCHINSON, ANN 2,330.27 dd 02/10106 NELSON, JEAN 1,079.86 dd 02/10106 GAYNOR, VIRGINIA 2,060.55 dd 02/10106 EKSTRAND, THOMAS 3,134.50 dd 02/10106 KROLL, LISA 1,289.87 dd 02/10106 LIVINGSTON, JOYCE 1,130.50 dd 02/10106 SINDT, ANDREA 1,695.75 dd 02/10106 THOMPSON, DEBRA 755.22 dd 02/10106 YOUNG, TAMELA 1,567.75 dd 02/10106 CHRISTIANSEN, KEVIN 480.00 dd 02/10106 FINWALL, SHANN 2,274.41 dd 02/10106 ROBERTS, KENNETH 2,486.07 dd 02/10106 CARVER, NICHOLAS 2,853.51 dd 02/10106 FISHER, DAVID 3,374.28 dd 02/10106 RICE, MICHAEL 2,012.55 dd 02/10106 SWAN, DAVID 2,110.95 dd 02/10106 SWETT, PAUL 1,544.55 dd 02/10106 BJORK, ALICIA 39432 dd 02/10106 EVANS, BRIAN 98.00 dd 02/10106 FINN, GREGORY 2,280.01 im CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 02/10106 FRANK, PETER 290.00 dd 02/10106 GALLANT, CHARLENE 212.50 dd 02/10106 GOODRICH, CHAD 119.00 dd 02/10106 KELLY, LISA 1,415.27 dd 02/10106 MCBRIDE, PATRICK 80.00 dd 02/10106 NIEMAN, JAMES 102.00 dd 02/10106 NIEMCZYK, BRIAN 160.00 dd 02/10106 NIEMCZYK, EMILY 68.00 dd 02/10106 OHLHAUSER, MEGHAN 469.13 dd 02/10106 ROBBINS, AUDRA 2,179.48 dd 02/10106 SHERRILL, CAITLIN 185.25 dd 02/10106 STAPLES, PAULINE 3,028.20 dd 02/10106 TAUBMAN, DOUGLAS 2,85434 dd 02/10106 UNDERHILL, KRISTEN 224.00 dd 02/10106 GERMAIN, DAVID 1,902.59 dd 02/10106 NORDQUIST, RICHARD 1,939.53 dd 02/10106 SCHULTZ, SCOTT 2,193.60 dd 02/10106 ANZALDI, MANDY 1,93439 dd 02/10106 COLEMAN, PHILIP 395.00 dd 02/10106 COLLINS, ASHLEY 128.00 dd 02/10106 CRAWFORD - JR, RAYMOND 224.00 dd 02/10106 CROSSON, LINDA 2,688.71 dd 02/10106 DREWES, DEENA 177.60 dd 02/10106 EVANS, CHRISTINE 810.08 dd 02/10106 GRAF, MICHAEL 2,001.16 dd 02/10106 HOFMEISTER, MARY 640.52 dd 02/10106 LEIBEL, LEAH 129.50 dd 02/10106 PELOQUIN, PENNYE 581.88 dd 02/10106 SCHMIDT, RUSSELL 2,094.61 dd 02/10106 SCHULZE, BRIAN 1,14038 dd 02/10106 ZIELINSKI, JUDY 103.60 dd 02/10106 ANDREA, JOHANNA 24.50 dd 02/10106 BRENEMAN, NEIL 71736 dd 02/10106 BRUSOE, CRISTINA 126.50 dd 02/10106 BUCKLEY, BRITTANY 142.50 dd 02/10106 CANTLON, COLLEEN 23.25 dd 02/10106 DUNN, RYAN 1,531.02 dd 02/10106 ERICKSON- CLARK, CAROL 108.75 dd 02/10106 EVANS, KRISTIN 126.00 dd 02/10106 FONTAINE, KIM 97037 dd 02/10106 GREDVIG, ANDERS 40938 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD I CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 02/10106 HAWBAKER, EVAN 77.55 dd 02/10106 HORWATH, RONALD 2,159.70 dd 02/10106 KOEHNEN, AMY 125.25 dd 02/10106 KOEHNEN, MARY 2,099.74 dd 02/10106 KRONHOLM, KATHRYN 622.67 dd 02/10106 MATHEWS, LEAH 150.50 dd 02/10106 NELSON, SIERRA 72.98 dd 02/10106 OVERBY, ANNA 120.00 dd 02/10106 PROESCH, ANDY 274.19 dd 02/10106 SIMPSON, KIMBERLYN 20.85 dd 02/10106 SKALD, SHANNON 72.00 dd 02/10106 SMITH, ANN 206.25 dd 02/10106 TRUE, CAROLINE 19.80 dd 02/10106 TUPY, HEIDE 212.60 dd 02/10106 TUPY, MARCUS 294.00 dd 02/10106 WERNER, REBECCA 141.63 dd 02/10106 WHITE, NICOLE 811.62 dd 02/10106 WOLFGRAM, MARY 52.00 dd 02/10106 GROPPOLI, LINDA 302.40 dd 02/10106 ANDERSON, MATT 33.25 dd 02/10106 BEHAN, JAMES 1,712.95 dd 02/10106 LONETTI, JAMES 1,377.79 dd 02/10106 PATTERSON, ALBERT 1,25737 dd 02/10106 PRINS, KELLY 1,248.59 dd 02/10106 REILLY, MICHAEL 1,674.15 dd 02/10106 SCHOENECKER, LEIGH 113.05 dd 02/10106 AICHELE, CRAIG 1,950.81 dd 02/10106 PRIEM, STEVEN 2,187.94 dd 02/10106 WOEHRLE, MATTHEW 1,609.97 dd 02/10106 BERGO, CHAD 2,355.82 dd 02/10106 FOWLDS, MYCHAL 2,363.23 dd 02/10106 FRANZEN, NICHOLAS 1,907.80 wf 104028 02/10106 BARTOL, DAVID 397.80 wf 104029 02/10106 LONGRIE. DIANA 452.00 wf 104030 02/10106 WORKMAN, ROBERT 50.00 wf 104031 02/10106 JAHN, DAVID 1,638.86 wf 104032 02/10106 MORIN, TROY 157.25 wf 104033 02/10106 THOMAS, MOLLY 672.00 wf 104034 02/10106 MATHEYS, ALANA 2,059.18 wf 104035 02/10106 HANSEN, LORI 1,81335 wf 104036 02/10106 GENNOW, PAMELA 520.00 I CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT wf 104037 02/10106 PALANK, MARY 1,703.66 wf 104038 02/10106 SVENDSEN, JOANNE 1,85539 wf 104039 02/10106 SHORTREED, MICHAEL 3,268.81 wf 104040 02/10106 TRAN, JOSEPH 2,331.55 wf 104041 02/10106 WELCHLIN, CABOT 2,96930 wf 104042 02/10106 BAUMAN, ANDREW 280.00 wf 104043 02/10106 FREBERG, RONALD 2,038.00 wf 104044 02/10106 EDSON, DAVID 1,932.28 wf 104045 02/10106 HELEY, ROLAND 1,932.28 wf 104046 02/10106 HINNENKAMP, GARY 1,973.43 wf 104047 02/10106 LINDORFF, DENNIS 1,897.98 wf 104048 02/10106 NOVAK, MICHAEL 1,85735 wf 104049 02/10106 GERNES, CAROLE 645.94 wf 104050 02/10106 SOUTTER, CHRISTINE 26438 wf 104051 02/10106 DANNER, BRENDA 40.50 wf 104052 02/10106 BERGER, STEPHANIE 394.00 wf 104053 02/10106 BROZAK, ANNA 66.00 wf 104054 02/10106 BROZAK, KATHERINE 367.50 wf 104055 02/10106 BURNS, BETH 19.50 wf 104056 02/10106 CHOINIERE, CHARLES 33.00 wf 104057 02/10106 CICCHESE, JOHNATHAN 31.50 wf 104058 02/10106 DANIELS, DANIELLE 42.00 wf 104059 02/10106 DEVANEY, KRISTI 19.50 wf 104060 02/10106 GOODRICH, DANIELLE 112.00 wf 104061 02/10106 GREENER, DOUGLAS 45.00 wf 104062 02/10106 HANNIGAN, BRADY 55.00 wf 104063 02/10106 HANSEN, KATHERINE 31.50 wf 104064 02/10106 HAWKES, SCOTT 45.00 wf 104065 02/10106 HELKAMP, KAYLA 155.00 wf 104066 02/10106 JOHNSON, ALEXANDER 45.00 wf 104067 02/10106 JOHNSON, ARIANNE 31.50 wf 104068 02/10106 JUETTNER, MICHAEL 19.50 wf 104069 02/10106 KISCH, ALEX 31.50 wf 104070 02/10106 KLEIN, AARON 126.00 wf 104071 02/10106 KLEM. JOSH 107.00 wf 104072 02/10106 KOHLMAN, JENNIFER 154.00 wf 104073 02/10106 LANCETTE, JOSHUA 64.50 wf 104074 02/10106 MILTON, ZACHARY 21.00 wf 104075 02/10106 NICHOLS, SAMUEL 64.50 wf 104076 02/10106 NICHOLSON, COLIN 39.00 wf 104077 02/10106 OHLHAUSER, MOLLY 60.00 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD ius CHECK # CHECK DATE EMPLOYEE NAME AMOUNT wf 104078 02/10106 ROBBINS, EMERALD 108.00 wf 104079 02/10106 ROELLER, MICHAEL 21.00 wf 104080 02/10106 ROERING, KATELYN 32.50 wf 104081 02/10106 RUNNING, DUSTIN 120.00 wf 104082 02/10106 SERGOT, COLLIN 127.50 wf 104083 02/10106 SHOBERG, KARI 127.88 wf 104084 02/10106 SIKORA, JACOB 49.00 wf 104085 02/10106 SIKORA, NATHAN 26.25 wf 104086 02/10106 SIKORA, PAUL 80.00 wf 104087 02/10106 STACKPOLE, QUINN 33.75 wf 104088 02/10106 TARR -JR, GUS 24.00 wf 104089 02/10106 YORKOVICH, BRADLEY 110.00 wf 104090 02/10106 ZIELINSKI, JESSICA 38.75 wf 104091 02/10106 HAAG, MARK 1,859.85 wf 104092 02/10106 NADEAU, EDWARD 3,061.98 wf 104093 02/10106 GLASS, JEAN 1,868.83 wf 104094 02/10106 HER, CHONG 311.00 wf 104095 02/10106 HER, PHENG 166.15 wf 104096 02/10106 NAGEL, BROOKE 27335 wf 104097 02/10106 SIMPSON, JOSEPH 316.70 wf 104098 02/10106 TOLBERT, FRANCINE 280.00 wf 104099 02/10106 ANDERSON, CALEB 76.00 wf 104100 02/10106 ANDERSON, JOSHUA 102.75 wf 104101 02/10106 ANDERSON, JUSTIN 102.75 wf 104102 02/10106 ARNEVIK, ERICA 17.50 wf 104103 02/10106 BRENEMAN, SEAN 28.80 wf 104104 02/10106 CLARK, PAMELA 150.65 wf 104105 02/10106 COSTA, JOSEPH 442.50 wf 104106 02/10106 DEMPSEY, BETH 139.80 wf 104107 02/10106 FENGER, JUSTIN 82.46 wf 104108 02/10106 GRANT, MELISSA 339.15 wf 104109 02/10106 GRUENHAGEN, LINDA 504.45 wf 104110 02/10106 HAGSTROM, EMILY 148.99 wf 104111 02/10106 IRISH, PETER 71.75 wf 104112 02/10106 KROLL, MARK 156.75 wf 104113 02/10106 LUTZ, CHRISTINA 44.00 wf 104114 02/10106 MELLEN, CHRISTOPHER 81.00 wf 104115 02/10106 NWANOKWALE, MORDY 97.50 wf 104116 02/10106 PEHOSKI, JOEL 101.54 wf 104117 02/10106 PETERSON, ANNA 59.50 wf 104118 02/10106 RICHTER, NANCY 272.00 ius CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD NE CHECK # CHECK DATE EMPLOYEE NAME AMOUNT wf 104119 02/10106 ROSTRON, ROBERT 110.55 wf 104120 02/10106 RYDEEN, ARIEL 341.05 wf 104121 02/10106 SCHMIDT, EMILY 190.28 wf 104122 02/10106 SCHMIDT, JOHN 63.63 wf 104123 02/10106 SCHOENECKER, SAMANTHA 40.80 wf 104124 02/10106 SCHRAMM, BRITTANY 41.40 wf 104125 02/10106 SCHREINER, MICHELLE 208.16 wf 104126 02/10106 SMITLEY, SHARON 383.20 wf 104127 02/10106 STAHNKE, AMY 183.50 wf 104128 02/10106 WARNER, CAROLYN 167.65 wf 104129 02/10106 WEDES, CARYL 140.10 wf 104130 02/10106 WENZEL, SHANNON 19.50 wf 104131 02/10106 WOODMAN, ALICE 239.00 wf 104132 02/10106 ZALK, IDA 68.25 wf 104133 02/10106 BOSLEY, CAROL 31590 wf 104134 02/10106 KLINKHAMER. KATIE 37.50 wf 104135 02/10106 LEWIS, AMY 175.00 wf 104136 02/10106 ODDEN, JESSICA 58.80 wf 104137 02/10106 OIE. REBECCA 164.75 wf 104138 02/10106 PARAYNO, GUAI 214.63 wf 104139 02/10106 SATTLER, CASSANDRA 24.60 wf 104140 02/10106 SATTLER, MELINDA 72.60 wf 104141 02/10106 STODGHILL, AMANDA 74.25 wf 104142 02/10106 VAN HALE, PAULA 136.95 wf 104143 02/10106 ZAGER, LINNEA 70.73 wf 104144 02/10106 BALDWIN, JANA 51.80 wf 104145 02/10106 BERLIN, SARAH 149.63 wf 104146 02/10106 BIRKHOLZ, TYLER 50.80 wf 104147 02/10106 DOUGLASS, TOM 1,46136 wf 104148 02/10106 EVERSON, KYLE 47.63 wf 104149 02/10106 GADOW, ANNA 34.93 wf 104150 02/10106 O'GRADY, VICTORIA 121.63 wf 104151 02/10106 OLSON, CHRISTINE 11638 wf 104152 02/10106 SCHULZE, KEVIN 47.63 wf 104153 02/10106 THEESFELD, CALEB 27.80 wf 104154 02/10106 VANG, HUE 83.13 wf 104155 02/10106 VANG, KAY 125.10 wf 104156 02/10106 VANG, TIM 59.08 wf 104157 02/10106 VUE, LOR PAO 242.73 487,652.17 NE Agenda Item H2 T{): City Manager FROM: Ken Roberts, Planner SUBJECT. Final Plat PROJECT. Maple%ree TownhoNMes LOCATION: 2811-2O27South|awnDrive DATE: February 17.2O00 Mr. Jon Brandt is requesting that the city council approve the final plat for the Mapletree TovvnhVnn8G. Mr. Brandt is the developer and builder of the project. This final plat will create nine lots for the townhouses and 10 lots for the garage units. This plat will b8 west OfGVVth|8vvn Drive, south Of Beam Avenue. (See the maps 0n pages two -fivR] BACKGROUND [hl September 27 the city council approved the preliminary plat and project deeigOp|8nS for the K48p|8LrR8 Townhouses. These approvals were subject to several conditions. /P|R8s8 see the council nninUL9S Starting on page six.) DISCUSSION The developer is progressing with the construction of the plat. To date, the contractor has completed the rough grading of the site, the installation of the utilities and driveway and has nearly finished the first 3-unit building. The developer has finished all the conditions the council required for final plat approval. Approve the final plat for the K88 Townhouse date-stamped January 24 This approval is subject to the county recording the deeds, deed restrictions and covenants required by the city and the developer meeting all the conditions of the city engineer. p:aao3-28/Mapletn*eTH Hno| plat Attachments: 1. Location Map 2. Address Map 3. Proposed Final Plat 4. Approved Preliminary Plat G. September 27.2OU4. City Council Minutes 6. Proposed Final Plat (Separate Attachment) Z\ N 2$38 2839 232 z 2323 3 2831 o ?..., 281 281 SITE RADATZ AVE t 31 ' .. .. 3 3'' � 281 280 ...', ....: .:.,. . IIvvd 277 Pa Z MES ......... ...:... ... =i Address Map Mapletree Townhomes 3 W Attachment 3 7t t w 4/4,. Cr TWX 042Z qAUSEY CC— 4W i k 1.47, 899.E rMt (V rK K e/+ OP TW St f/4 I ' ` - R i s m t i � � 4 111 vNwin 4 JA 0 $$ u iy t F 8 A$S OF LOT 9 WXM p e p ` a �i6 T$ 192 r 1 F` w 4@ $ $/ 7KE SE ,, r _ t2. fto.x �— 3 M tr FM top IM fm'M Moo Mu Cr Sam w 9 Y 4 �! ot t IQ 5 64 Ff i3 + #54F a @A P3 w f+ � ! 4 5 ®.0 9� 9/4 " TNg t/# CR'C p. $p41$ x hk'pt6daxbk PROPOSED FINAL PLAT W Attachment 4 Attachment MINUTES MAPLEWOOD CITY COUNCIL 7:02 P'M' Monday, September 27, 2004 Council Chambers, Municipal Building Meeting No. 04-22 A. CALL T0ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL Robert Cardinal, Mayor Present Kathleen JU8nenl8nn,COUnci|nlenlb8r Present Marvin KVppen.00Unci|nn8nnber Present Jackie K8on8h8n-JUnek.00Vnci|nn8nnber Present Will Ro3sb8oh Present 1. Project Reconsideration -Mapketr8RTownhouses |GvvnDriv8\ a. Preliminary Plat b. Design Approval a. City Manager FVrsn18n presented the report. b. Planner Roberts presented specifics from the report. C. Jon Brandt, the developer provided further specifics. Counoi|nnennberKoppen moved to approve the Mapletree Townhomes preliminarV plat (received by the city on September 8, 2004). The developer shall complete the following before the city council approves the final plat: 1. Sign an agreement with the city that guarantees that the developer or contractor will: 8. Complete all grading for overall site drainage, complete all public improvements and meet all city requirements. b. Place temporary orange safety fencing and signs 8i the grading limits. C. Pay the City for the cost of traffic-control, street identification and no-parking signs. d. Provide all required and necessary easements (including all utility easements and ten- foot drainage and utility easements along the front and rear lot lines Of each lot and five-foot drainage and utility easements along the side lot lines of each lot). 2. Have the city engineer approve final construction and engineering plans. These plans shall include grading, utility, drainage, erosion control, tree, and street plans. The plans City Council Mc@ting 09'27'04 shall meet all the conditions and changes listed in the memo dated September 16, 2004, and shall meet the following conditions: 8. The erosion control plans shall be consistent with the city code. b. The grading plan Sh8||: (1) Include proposed building pad elevation and contour information for each home site. The |[t lines on this plan shall follow the approved preliminary p|8L (2) |Ddud8 Q2DtOUr iDfOrnl8tiOD for all the land that the construction will disturb. (3) Show housing pads that reduce the grading where the developer can save large trees. /4\ Show the parking lot and driveway grades 88 allowed bv the city engineer. (5) Include the tree plan that: (8) 8h0vvs vvh8r8 the developer will r9nlov9 S8v8 or replace large trees. This plan shall include 8n inventory of all existing large trees on the site. (b) Shows no tree rennOv8| beyond the approved grading and tree limits. KD Show drainage areas and the developer's engineer shall provide the city engineer with the drainage calculations. The drainage design shall 8CC0[n[n0d8tS the runoff from the site and from the surrounding 8r8oS. c. The driveway, parking lot and utility plans shall show the: /1\ Water service to each lot and unit. (2) Repair of Southlawn Drive (street and boulevard) after the developer connects to the public utilities and builds the private driveways. 3. Paying for costs related b] the engineering department's review of the construction plans. 4. Change the plat aafollows: a. Add drainage and utility easements as required bv the city engineer. This shall include an easement for the water main and easements for any other public utilities OD the site. The Saint Paul Regional Water Services (SPRVVS) shall approve the description and location Of the easement for the water main. b. Show drainage and utility easements along all property lines on the final plat. These easements shall be ten feet wide along the front and rear property lines and five feet wide along the side property lines. c. Label the common area 8s[)VUVtA. City Council Me7ting09'27'04 5. Secure and provide all required easements for the development including any off-site drainage and utility easements. 8. The developer shall QOOlp|RtG all grading for public inlprOv8nl8ntS and 0v8r@|| site drainage. The city engineer shall include in the developer's agreement any grading that the developer or contractor has not completed before final plat approval. 7. U n8CeS38ry. obtain 8 permit from the Ramsey-Washington K8etnn Watershed District for grading. 8. If the developer decides to final plat part of the preliminary plat, the director of community development may waive any conditions that do not apply to the final plat. 9. Submitting the homeowners' association bylaws and rules to the city for approval by the director Of community development. These are bD assure that there will beone responsible party for the maintenance of the private utilities, parking areas, driveways, landscaping and common areas. 10. Record the following with the final plat: a. All homeowners' association documents. b. A covenant or association documents that addresses the proper installation, maintenance and replacement of any retaining walls. The applicant shall submit the language for these dedications and restrictions to the city for approval before recording. 1 1.0btain a N PDES construction permit from the Minnesota Pollution Control Agency Seconded bvCoVnd|nn8mb8r K8on8han'JUnHk /yeS'A|| Councilmember Monahan-Junek moved to approve the plans date-stamped September 8, 2004, (site plan, grading and drainage plans and building elevations) for the Mapletree Townhomes on the west side of Southlawn Drive. The developer O[ contractor shall do the following: 1. Repeat this review in two years if the city has not issued a building permit for this project. 3. Complete the following before the city issues a building permit: 8. Have the city engineer approve final construction and engineering plans. lFh8S8 plans shall include: grading, utility, dn@iO8g8. 8n0aiOD control, tree, sidewalk and driveway and parking lot plans. The plans shall meet the h}Uovvin0 conditions: (1) The erosion control plan shall be consistent with city code. City Council Mc8ting 09'27'04 CZ\ The grading plan shall: /m\ Include building, floor elevation and contour information. (b) |n[jUdH contour information for the land that the construction will disturb. (o) Show sedimentation basins Or ponds aS may be required bv the watershed board Vrby the city engineer. (d) Show all proposed slopes steeper than 3:1OD the proposed construction plans. The city engineer shall approve the plans, specifications and management practices for any slopes steeper than 3:1.This shall include covering these slopes with wood-fiber blankets and seeding them with a "no mow" vegetation rather than using sod Orgrass. /e\ Show all retaining walls Vn the plans. Any retaining vv8||s more than four feet tall require 8 building permit from the city. /M Show 8S little disturbance and tree removal @S possible OD the west and south sides of the site (near the p8rk). (3) The tree plan shall: (8) B8 approved bv the city engineer before site grading. (b) Include 8n inventory Of all existing large trees OD the site and shall show where the developer will remove, save Or replace large trees. (c) Show the size, species and location Vf the replacement trees. The deciduous trees shall beot least two and one half /21/2\ inches in diameter and shall beo mix of red and white oaks and sugar maples. (d) Be consistent with the approved grading and landscape plans and shall show nO tree removal beyond the approved grading and tree limits. (4) All the parking areas and driveways shall have continuous concrete curb and gutter except where the city engineer decides that itiS not needed. (5) The design of the ponding area and the rainwater garden(s) shall be subject to the approval Vf the city engineer. The developer shall b8 responsible for getting any needed off-site utility, grading or drainage easements and for recording all necessary easements. (8) The driveways shall meet the following standards: 24-foot width--no parking on either side and 28-foot width--parking on one side The developer Or contractor shall post the driveways with no parking signs to meet the above-listed standards. City Council 09'27'04 (7) The developer shall disturb @3 little 8s possible Of the area along the west and south pnJp8dv |iO8a. The applicant Sh8U ChGOgS the grading p|@D for this Dart [f the site 8s recommended by the city engineer. b. Submit a certificate of survey for all new construction and have each building staked by a registered land surveyor. c. Submit revised landscape and tree plans k} city staff for approval that incorporates the following details and that meet the following requirements: M\ All trees would be consistent with city standards for size, location and species. (2) The maple trees must be at least 2 1/2 inches in caliper, balled and burlapped. (3) The manicured Or mowed areas from the natural areas. This shall include planting (instead Cf sodding) the disturbed areas around the ponding area and the rainwater gardens with native grasses and native flowering plants. The native grasses and flowering plants shall b8 those needing little OrOO rn8inL8n8nc8 and shall extend at |88Gi four feet from the ordinary high vvGt8r mark /{}HVVKX\of the pond. This isto reduce maintenance costs and bJreduce the temptation of mowers to encroach into the gardens. Specifically, the developer shall have the natural areas seeded with 8n upland mixture and lowland mixtures as appropriate. (4) The plantings proposed around the front Of the units shown OO the landscape plan date-stamped May 24, 2004, shall remain on the plan. (5) Foundation plantings near and around the buildings and additional screening (with trees and other materials) between the proposed buildings and Southlawn Drive. (0) In addition to the above, the contractor shall sod all front, side and rear yard areas (except for mulched and edged planting beds and the area within the p0nding8rR@\. (7) The contractor shall restore the SoUth|8vvn [)hw8 boulevard with sod. (8) Shows where the developer will remove, save or replace large trees. This plan shall include 8n inventory of all existing large trees on the site and shall show 8S nnVCh of the existing vegetation (including trees) remaining 8|VnQ the vv8St8r|y and southerly property lines. |D addition, this plan shall show the planting Of@t least 1O replacement trees On the site. (S) Adding ten more evergreen trees (B|8tk W|||s spruce or Austrian pines) 8|VnQ the north and east property lines Of the site (in Detail areas C and D\. These trees are tobeat least six feet tall and the contractor shall plant these trees in staggered rows on the berm. /1O\ Shows the size, species and location Of the replacement trees. The deciduous City Council MqOng 09'27'04 trees shall be at least two and one half CZ1/2\ inches in diameter and shall be a mix of red and white oaks and sugar maples. (11) Shows the in-ground lawn-irrigation system. M2\ Shall be approved bv the city engineer before site grading and shall be consistent with the approved grading and landscape plans. (13) Shows no tree removal beyond the approved grading and tree limits. d. Submit an in-ground lawn-irrigation plan to staff showing the location of sprinkler heads. e. Get the necessary approvals and permits from the watershed district. Submit a revised site lighting o|8nfbrcUvapprOv8i This plan shall show how the lighting on the buildings would add to the site lighting, and the plan should have additional lighting along the main driveway, 3Oitis adequately lit. This plan also shall show details about the proposed light fixtures tO ensure they are 8 design that hides the bulb and lens from view to avoid nuisances. The light fixtures must have concealed lenses and bulbs b] properly shield glare from the adjacent street riQht-0f' vvoy3andfronn adjacent residential properties. This plan shall also show details about the white-colored freestanding lights that were displayed and approved at the June 22, 2004. community design review board meeting. g. Have the Saint Paul Regional Water Services (SPRWS) approve the proposed utility plans. h. The fire chief shall approve the access to the back (west side) of the buildings for firefighting needs. Submit plans for city staff approval for any outdoor trash or recycling containers and enclosures. If the developer wants to build such f8Ci|itkfS. the 9nC|VSUn8 Sh8U have materials that are compatible with the buildings, and they shall have gates that are 1OO percent opaque. Submit for city staff approval revised building plans and elevations that show or include (but are not limited to) white shutters, white window grids, white balcony n8i|ingS, ovvhite-oO|0nad trim band |OC@had between the two stories oDthe north, vve3t. and east elevations of the townhouses that separates the two beige colors Vfvinyl siding, and that provide more detail about the brick nr stone accents. These plans also should reflect that all utility meters are located OD the north side Ofeach townhouse, OD the lower level, within the recessed area. k. Submit for city staff approval the site and building plans and elevations for the garage buildings. These buildings shall be8t least 1O feet apart and shall have o style, finish, rnateho|S and colors consistent with the main buildings on the Site. i Present to staff for approval color building elevations or building material samples of all elevations of the townhouses and garages. These elevations should show that City Council Mqeting 09'27'04 the townhouses will have two-tones Cf beige-colored vinyl siding Vn the north, west, and east elevations with a white trim band separating the two stories; have two-tones of beige-colored vinyl siding on the second story and either brick or stone accents on the first story of the south elevation. These elevations also should show that the garages would have G beige-colored vinyl siding with 8 wainscot Vf brick Vrstone. nn. Provide the city with a letter ofcredit or cash escrow for all required exterior improvements. The amount shall Ue15O percent Vf the cost Cf the work. 3. Complete the following before occupying 88chbUi|ding: @. Replace property irons that are removed because Of this construction. b. Restore and sod damaged boulevards. Sod all landscaped areas, except for the area within the easement, which may beseeded. c. Install continuous concrete curb and gutter along all interior driveways and around all open parking Gt8||S. d. |n3t8|| nafleCtorized stop signs sdthe exit, a hand iCop-p8rkin8 sign for each handicap- parking space and addresses on each building for each unit. |n addition, the applicant shall install ''nV parking" signs within the Site, as n8qVin]U by staff. R. Construct trash dumpster and recycling enclosures as city code requires for any dumpsters or storage containers that the owner or building manager would keep outside the building. Any such enclosures must match the materials and colors 0fthe building. f. Install and maintain all required landscaping and an in-ground sprinkler system for all landscaped areas (code nequirenn8nU. 0. |OSt@|| 0D-site lighting for security and visibility that follows the approved site lighting plan. All exterior lighting shall follow the approved lighting plan that shows the light spread and fixture design. The light fixtures must have concealed lenses and bulbs to properly shield glare from the adjacent street right-of-ways and the nearby homes and residential properties. h. Install 8six-h}Vthi hSV|iUsCre8ninQf9nC8Vr8ddiUVn8|kandsC8pinga|Vngth888st and north property lines of the site where the vegetation does not adequately screen the town houses and the parking areas from the businesses and the existing dwellings. These additional nl@t9h@|s GPS h3 eDSU[8 there is at least six-foot-tall, GO percent opaque screen on these sides 0f the site. The location, design and materials of the fence or the additional landscaping shall be subject to city staff approval. i. The developer or contractor shall: (1) Complete all grading for the site drainage, complete all public improvements and meet all city requirements. City Council 09'27'04 (2) Place temporary orange safety fencing and signs @tth8gn@ding|inlitS. (3) Remove any debris 0rjunk from the site. 4. If any required work is not done, the city may allow temporary occupancy if: 8. The {ib/ determines that the work is not es88nU8| to the public health, safety or b. The above-required letter of credit or cash escrow is held bv the city for all required exterior improvements. The owner 0r contractor shall complete any unfinished landscaping by June 1 if the building is occupied in the fall or winter, or within six weeks of occupancy if the building is occupied in the spring or summer. c. All work shall follow the approved plans. The director Vf community development may approve minor changes. Seconded by Councilmember Koppen Ayes-All City Council 09'27'04 Agenda Item H3 To: City Manager Richard Fursman From: Chief of Police David J. Thomalla Subject: Purchase of Police Vehicles Date: January 17, 2006 Introduction Money was allocated in the 2006 budget to purchase vehicles, and we are requesting authorization to order six 2006 Ford Crown Victoria Police Interceptor squad cars. Background Police departments are able to place orders for squad cars until mid - March, 2006, and we purchase them in conjunction with the State of Minnesota and many other municipal departments. The vehicles must be ordered now for delivery later this year. The State contract price for the squad cars is $20,596 each. Recommendation It is recommended that authorization be given to purchase six 2006 Ford Crown Victoria Police Interceptor squad cars. Action Required Submit to the City Council for review and approval. DJT /mkp Agenda Item H4 To: City Manager Richard Fursman From: Chief nf Police David J.ThnmaUo Subject Acceptance nf Funds from 2005 JAG Grant Date: February 17.2OO6 Introduction City Council approval isrequired to accept funds awarded from the 200GJustice Assistance Grant and authorize the appropriate budget modifications. Background The Maplewood Police Department was included in a grant the St. Paul Police Department received from the Bureau of Justice Assistance. The 2UU5 Collaborative Justice Assistance Grant (JAG) included Ramsey County, Roseville, and Maplewood in the award to St. Paul. The Maplewood portion of this grant ioS14 The Police Department intends to use this funding hu enhance the Department's Crime Multi-Housing Program. The money will provide overtime dollars to provide training for and services associated with this program. Some funds will also be used for program equipment and literature, asneeded. Maplewood has until September 9O.2O08toexpend these funds. Recommendation Approve acceptance of the JAG funds and authorize the appropriate budget adjustments. The interlocal agreement required to participate in this grant has been reviewed and approved by the City Attorney's Office Action Required Submit to the City Council for review and action. Agenda Item H5 To: City Manager Richard Fursman From: Chief nf Police David J.ThnmaUo Subject Acceptance of Funds from 2005 BZPP Grant Date: February 16.2OO6 Introduction City Council approval is required to accept funds awarded from the 2005 Buffer Zone Protection Grant and authorize the appropriate budget modifications. Background The Maplewood Police Department received o grant from the Minnesota Division of Homeland Security ao part of the Buffer Zone Protection Plan (BZPP). Infrastructure within the City of Maplewood was identified by the Minnesota Division of Homeland Security and Emergency Management making K4op|avvnod eligible for funding to protect this critical infrastructure. Maplewood was notified in late 2005 that $48,378 had been awarded to us as part of this program. In applying for this grant, the Police Department specified this money would be used to purchase enough encrypted 8O0 MHz radios to provide one for each supervisor. These radios were not included in the original purchase of80U MHz radios through Ramsey County. Additional 8O0MHz equipment would also be purchased through this grant to be used for radio alarm systems which could be placed invulnerable locations osneeded. The original deadline ho expend these funds was March 31.2000. This has now been extended for 12 months until the 8OO MHz radio system is functional. Recommendation Approve acceptance of the BZPP funds and authorize the appropriate budget adjustments. Action Required Submit to the City Council for review and action. TO: City Manager FROM: Finance Director It has been past practice to permit the carry over from one year to the next of unspent monies for specific purposes. This involves reductions in the 2005 Budget and corresponding increases in the 2006 Budget. It is recommended that the City Council approve the following carry over requests. Fund Amount Account No. For General Fund $6,000 101-201-4480 Audit fees General Fund 22,290 101-301-4630 Business license software General Fund 2,710 101-301-4390 Training for business license software Capital Improvements Projects Fund 54,700 405-000-4759 Sidewalks Legacy Village Park Development Fund 79,435 433-000-4720 Legacy Village Park Development Sewer Lift Station #18 Project Fund 46,725 435-000-4759 Sewer Lift Station #18 Public Works Building Addition Project Fund 587,820 427-000-4660 Public Works Building Addition Project $799,680 Total for all funds P:\FINANCE\WORDtAGN\BUDGCARR.DOC Agenda Item H7 AGENDA REPORT TO: City Manager FROM: Chuck Ahl, Public Works Director/City Engineer SUBJECT: Purchase of Single-Axle Plow Truck Body and Plow[Wing Attachment DATE: February 13, 2006 INTRODUCTION The 2006 Public Works capital outlay budget includes funds for replacement of one 1991 single-axle plow truck with a plow/wing attachment. The truck chassis was purchased from Boyer Ford and is scheduled for delivery in May. Background Public Works Fleet Management Department requested proposals to equip the plow truck with a dump body and plow/wing attachment. The state bid prices were received from Aspen Equipment for one dump body at a cost of $43,590.16, and J-Craft Equipment for one plow/wing attachment at a cost of $18,598.10, tax included on both bids. It is recommended that the city council authorize entering into a contract with Aspen Equipment, under State Contract #433309, and J-Craft Equipment, under State Contract #435403, for the purchase of one single-axle truck body and one plow/wing attachment at a combined cost of $62,188.26. Agenda Item H8 AGENDA REPORT TO: Richard FUnGm@D City Manager FROM: Ch@rl8S/\hl Public Works Director/City Engineer Bill Priefe[ Works Operations Analyst SUBJECT: Sewer Use/Connection Agreement with the City of WoK»dbury— North of Highwood Avenue DATE: February 21.2006 Maplewood Sewer District 51 (W), the New Century Development, was connected to the Qty of VV0OdbUn/s sanitary sewer system in2000. However, G formal written agreement addressing the connection, the sewage treatment costs and the repair and maintenance costs was never done byeither city. To rectify this oversight, a formal sewer use/connection agreement was drafted and is attached for council consideration and approval. BACKGROUND In 2000, the City of Woodbury constructed sanitary sewer in the Century Avenue right OfvvGyhDprOvd8 sewer service to both Maplewood and Woodbury residences on Century Avenue between Highwood and Linwood Avenues. This also allowed development and construction [f the New Century development north and west nf Century and HighvvoodAvenues. Five residential connections were initially made in20OO. There are currently 147 sanitary sewer connections that were connected during 2OU8 through 2005. MaplewOd'S Sewer District 510N\ flows into the City of WOodbUry's sanitary sewer system and ultimately Uln}VQh the downstream K88Ln]pV|b8n Council Environmental Services (K8{|ES) meter which is then billed L0 Woodbury for sewage treatment costs. The sewage treatment costs billed h0 Woodbury for the Maplewood flow from 20OU through 2U05 were $55 Reimbursement will be made to the City Of Woodbury upon approval of the attached sewer use/connection agreement. MCES will then adjust future sewage treatment COStS sO that Maplewood is billed for District 51 /VV\ flow and Woodbury is credited. The sewer use/connection agreement allows Maplewood to connect toVVO0dbUn/s sanitary sewer system for the sole purpose Vf conveying sewage into VVooUbVry'Ssystem. Maplewood will also pay $2OU per year to the City of Woodbury for routine maintenance on the Woodbury line that connects Maplewood to the K8CES[n8tRr. For major rRp@i[S0r[8p|@CS[nSOt.K8Gp|Svv0Od@DdVVO0dbu[yvvi||podicipGt8iDthGCOStin proportion to the daily flow originating from each City. Request council approval of a sewer use/connection agreement with the City of Woodbury, and authorize the appropriate budget change in the Sewer Fund to reimburse Woodbury for sewage treatment costs. Ax*ohmomo: 1. Sewer Use/Connection Agreement with the City w*Woodbury 2. Location Map (Color copies provided to City Council) Agenda Item H8 SEWER USEXONNECTION AGREEMENT This agreement, made and entered into this day of , 2006, by the City of Maplewood (hereinafter "Maplewood "), a municipal corporation of the State of Minnesota, and the City of Woodbury (hereinafter "Woodbury "), a municipal corporation of the State of Minnesota. NOW, THEREFORE, in consideration of the mutual covenants and promises made herein, the parties agree as follows: RECITALS 1) WHEREAS, Maplewood has requested permission from Woodbury to connect a portion of its public sanitary sewer system to the Woodbury sanitary sewer system for the purpose of transporting sanitary sewage from Maplewood's Sewer District 51(W), and the following agreement is intended to reflect the mutual understanding and agreement to accomplish this purpose. 2) WHEREAS, Maplewood and Woodbury understand and agree that the additional sanitary sewer use shall require an increase to the rate to be paid by Maplewood as a part of the parties joint sewer use. In consideration of the mutual promises set forth herein, it is agreed by and between the cities of Maplewood and Woodbury as follows: SECTION 1 TERMS 1) Woodbury does hereby grant permission to Maplewood to connect Maplewood's sanitary sewer conveying sanitary sewage from Maplewood's Sewer District 51(W), the New Century Development, to the Woodbury sewer system east of Century Avenue South. Agenda Item H8 2) The Maplewood sewer system to be connected to the Woodbury sewer system shall be used solely for the purpose of conveying sanitary sewage, and Maplewood shall not permit or allow any storm water runoff to be connected to the sewer system. 3) Maplewood shall be solely responsible for all maintenance, repairs and claims for damages or injuries caused to any person or property whatsoever or from any cause whatsoever relating to the properties or persons served by the Maplewood sanitary sewer. Maplewood agrees to hold harmless, indemnify, and defend Woodbury from any and all claims for damages to persons or property that arise or that may claim to arise from any reason relating to the sewers owned and maintained by Maplewood and that are hereby authorized to be connected to the Woodbury sewer system. Maplewood and Woodbury retain the right to select their own attorney should any cause or dispute hereby arises related to this Sewer Use /Connection Agreement. 4) It is agreed between the parties hereto that the Metropolitan Council Environmental Services (MCES) shall estimate the amount of sanitary sewage attributable to the Maplewood properties hereby authorized to be connected to this Woodbury sewer system and shall accordingly charge Maplewood for its proportionate cost of sewage treatment, conveyance, and related costs in its annual billings. Woodbury and Maplewood shall cooperate with and provide all necessary information to the MCES so as to permit the proper billing to Maplewood and credit to Woodbury for this sewer use. SECTION 2 BILLING Woodbury shall maintain the sanitary sewer lines from the Maplewood connection to the Metropolitan Council Environmental Services (MCES) interceptor that consists of 1,221 feet of 12 inch line on Century Avenue South from the Maplewood connection to Courtly Road, then 1,133 feet of 12 inch line from Courtly Road to the 24 inch line south of Lake Ridge Townhomes then 2 Agenda Item H8 814 feet of 24 inch line from the manhole south of Lake Ridge Townhomes to the MCES interceptor. Maplewood shall pay $200.00 per year to Woodbury for said routine maintenance to be performed on a cleaning schedule of once every four years. The charge to Maplewood represents one -half of the cost to perform said maintenance. Woodbury shall submit an annual bill to Maplewood before March ls of each year. This charge shall be annually adjusted on the anniversary date of this agreement to reflect a proportional increase commensurate with the same percentage increase experienced by the City of Woodbury for its sanitary sewer annual operating Budget increase using 2006 as the base year. For major maintenance, such as repairing or replacing the Woodbury sanitary sewer line (pipe) or manholes, Maplewood and Woodbury will participate in the cost, including preliminary engineering, detailed design and inspection, in proportion to the daily volume of flow originating from each City. SECTION 3 DURATION This agreement shall be in force and in effect from 1 2006. Upon mutual consent of Maplewood and Woodbury, this agreement may be amended and/or terminated at any time. Each party will be liable for its share of costs as described in this Agreement in the billing cycle incurred to of the date of the termination. After such termination, the parties shall have no further obligation or responsibility under this agreement. Upon 60 day written notice Maplewood may unilaterally terminate this agreement if all sanitary sewer flow originating from Maplewood is removed from the Woodbury sanitary sewer Agenda Item H8 line described in Section 2 and all Maplewood sanitary sewers are disconnected from the Woodbury sanitary sewer line. SECTION 4 MEETINGS Maplewood, through its Public Works Department or designee, agrees to meet at the request of Woodbury should any issues arise under this Agreement. The purpose of said meetings shall be to discuss issues which affect the substantive rights of the parties under this Agreement. The time and place of any such meeting, hereunder, shall be determined by the parties with reasonable notice to one another. The parties retain the right to conduct meetings through other electronic means as is acceptable to both parties. SECTION 5 AGREEMENT SUBJECT TO DATA PRACTICES ACT This agreement shall be subject to the Minnesota Data Practices Act, at Minnesota Statutes Chapter 13, comparable provisions and Federal law. SECTION 6 MEDIATION OF DISPUTES Any and all disputes between the parties under and concerning this agreement, including its formation and the entering into the clause itself, shall be subject to mediation. The dispute shall be submitted to a mediator selected and agreed upon by the parties within thirty (30) days. In the event that the parties cannot agree to a mediator, a mediator shall be chosen by the Chief Judge of the Ramsey County District Court. The costs of the mediation shall be equally divided between the parties. 4 Agenda Item H8 SECTION 7 COMPLETENESS OF THE AGREEMENT This document contains all the terms and conditions of this Agreement, and any alterations or variations of the terms of this Agreement shall be invalid unless made in writing and signed by the parties_ There are no other understandings, representations or agreements, written or oral, not incorporated herein. If any part of this Agreement is declared null and void by law, the remaining paragraphs of said agreement shall be valid. SECTION 8 CONTROLLING LAW This Agreement is made pursuant to Minnesota State law and Minn. Stat. § 471.59 (Joint Exercise of Powers). In the event of a dispute, the laws of the State of Minnesota shall be controlling. IN WITNESS WHEREOF, the parties have executed this Agreement on this ZI CITY OF MAPLEWOOD 2006 Mayor City Manager Approved as to form by Legal Counsel CITY OF WOODBURY Mayor City Administrator Approved as to form by Legal Counsel day 5 Agenda Item H8 SANITARY SEWER DISTRICT 51 =*Omgm- • TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director/City Engineer Erin Laberee, Assistant City Engineer SUBJECT: Venburg/Guldens T.H. 61 Frontage Road, City Project 04-04 (02-08) - Resolution for Modification of Existing Construction Contract, Change Orders 1, 2 and 3 DATE: February 17, 2006 During construction, there are often unforeseen changes from the original plans and specifications. The city council will consider approving the attached resolution directing the modification of the existing construction contract, Change Order Nos. 1, 2 and 3 Background In April 2004, the city council approved the award of a construction contract to Imperial Developers for the construction of the Venburg/Guldens Frontage Road. Change Order's 1, 2 and 3 are summarized below. Change Order 1 is for work completed to construct a bituminous flume at the temporary driveway to the new frontage road to control erosion. The cost of the additional work is $1,086.00. The proposed Change Order 2 is for additional signage needed to direct traffic to Venburg's and Guldens. A negotiated price of $426.00 is requested for Change Order 2. Change Order 3 is for a flared end section that was required at the outlet of a 42 inch pipe into the LaMettry Pond. The flared end section was not originally included in the contract and a price was negotiated with the contractor for this change. The total cost of the work for Change Order 3 is $2,009.00. Budget Impact Approval of this resolution would increase the construction contract by $3,521.00. Change Orders 1, 2 and 3 fall within the revised project budget approved by the city council at the December 12, 2005, meeting. No budget revisions are required at this time. It is recommended that the city council approve the attached resolution directing the modification of the existing construction contract, Change Orders 1, 2 and 3 for the Venburg/Guldens Frontage Road, City Project 04-04 (02-08). Attachments: Resolution Change Order No. 1, 2 and 3 02-08 Location Map RESOLUTION DIRECTING K8{][)|F|C/\T|{]K] OF EXISTING CONSTRUCTION CONTRACT PROJECT 04-04 (02-08) CHANGE ORDER NO. 1 UrnpHh8| Contract) WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made |nnpn]v8nl8rd Project 04-O4/02-O8\,VenUurg/GV|Uens Frontage Road, and has let 8 construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer has reported that it is now necessary and expedient that said contract b8 modified and designated 8S Improvement Pmec 04-0 (02-08) Change Order Nos. 1'2. and 3asan increase to said contract bvan amount 0f$3 such that the new contract amount is now and hereby established oS$428.337.34. NOW, THEREFORE, BE|T RESOLVED BY THE CITY COUNCIL OFMAPLEVVOC)[}. MINNESOTA that the mayor and city manager are hereby authorized tO sign ODbRh@KOfth8 City of Maplewood to signify and show that the existing contract is hereby modified through said Change CJnd8r N0. 1, 2 and 3 GS 8 contract increase in the 8nn8Unt of $3.521.00. The revised contract amount iGS42M.337.34. No revisions to the project budget are proposed sd this time, o3 these changes fall within the revised project budget approved by the city council on December 12, 2005. Agenda M f URS Copy CRY Copy Contractor Copy CHANGE ORDER NO. I DEPARTMENT OF PUBLIC WORKS CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Project Name: Venburg / Guldens Grading, Utilities and Paving Project No, City Project 02 -08 (04 -04) Date: 1/20/06 Contractor: Imperial Developers, Inc. In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions: The City of Maplewood requested the contractor to construct a bituminous flume to control erosion at the temporary driveway to the new Frontage Road adjacent to the Venburg/Guldens project. The contractor provided a negotiated lump sum price for the work in the amount of $ 1,086.00 / LS. Description Quantit Unit Price Extended Cost Bituminous Flume (1) each $1,086.00 $ 1,086.00 Contract Status Original Contract Net Change of Prior Approved Contract Amendments (Bid Alternate I — HDPE Pipe) Approved Revised Contract Net Change of Prior Change Order No, 0 Change this Change Order: Revised Contract (Pending): Approval Cost $ 369,942.84 $ 54,823.50 $ 424,816.34 $ 0.00 $ 1,086.00 $ 425,902.34 Mayor Approval Engineer Agreed to by Contractor C.O. #1, Page I of 1 URS CAY r• Contractor . , •. y CHANGE ORDER NO. 2 DEPARTMENT OF PUBLIC WORKS CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Project Name: Venburg 1 Guldens Grading, Utilities and Paving Project No. City Project 02 -08 (04 -04) Date: 1120106 Contractor: Imperial Developers, Inc. In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions: The City of Maplewood requested additional signage to direct traffic to the Venburg/Gulden site during construction. The contractor provided a negotiated lump sum price for the signage in the amount of $ 426.00. Description Quantit Unit Price Extended Cost Construction Signs - Special LS $ 426.00 $ 426.04 Contract Status Original Contract Net Change of Prior Approved Contract Amendments (Bid Alternate 1 — HDPE Pipe) Approved Revised Contract Net Change of Prior Pending Change Order No. 1 Change this Change Order: Revised Contract (Pending): Approval Cost $ 369,942.84 $ 54,823.50 $ 424,816.34 $ 1,086.00 $ 426.00 $ 426,328.34 Mayor Approval Engineer Agreed to by Contractor C.O. #2, Page 1 of I Agenda URS .! CIty Copy Contractor •p CHANGE ORDER NO. 3 DEPARTMENT OF PUBLIC WORDS CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Project Name: Venburg I Guldens Grading, Utilities and Paving Project No. City Project 02 -08 (04 -04) Contractor: Imperial Developers, Inc. Date: 1120106 In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions: During construction of proposed storm sewer, it was determined a flared end section would be required at the discharge of the new 42" HDPE storm sewer at the discharge point into the LaMettry Pond. This flared end section was not listed in the contract unit prices. The contractor provided a negotiated lump sum price for the work in the amount of $ 2,009.00. Description Quantit Unit Price Extended Cost HDPE Flared End Section LS $ 2,009.00 $ 2,009,00 Contract Status Original Contract Net Change of Prior Approved Contract Amendments (Bid Alternate 1 — HDPE Pipe) Approved Revised Contract Net Change of Prior Pending Change Order No. I & 2 Change this Change Order: Revised Contract (Pending): Approval Cost $ 369,942.84 $ 54,823.50 $ 424,816.34 $ 1,512.00 $ 2,009.00 $ 428,337.34 Mayor Approval Engineer Agreed to by Contractor C.O. #3, Page I of 1 i * � � ■• AGENDA REPORT TO: City Manager FROM: Chuck Ahl, Public Works Director/City Engineer Erin Laberee, Assistant City Engineer SUBJECT: Gladstone North Area Street Improvements, City Project 04-15: Resolution for Modification of the Existing Construction Contract, Change Order 2 and 3 DATE: February 17, 2006 During construction there are often unforeseen changes from the original plans and specifications. The city council will consider approving the attached resolution directing the modification of the existing construction contract and revising the project financing plan to reflect these changes. Background In April 2004, the city council approved the award of construction contract to T.A. Schifsky for the Gladstone North Area Street Improvements. Change Orders 2 and 3 are summarized below. The changes described in Change Order 2 total $3,672.68. The changes are in the scope of the sanitary sewer service repair at 197011974 Dieter Street which grew to include 1961 Dieter Street. Additional work required by the contractor included PVC piping, PVC fittings, special couplings and crew time for trenching and trench compaction. The changes described in Change Order 3 total $11,499.12. The changes are drainage improvements at 1490 Ryan, 1970 Barclay, 1961 and 1973 Dieter designed by the City of Maplewood staff, along with additional Class 6 gravel required throughout the project for additional parking areas, access roads and driveways. Change Order No. 2 and 3 will increase the contract amount to $1,795,235.55. Budget Impact No increase in the project budget for the Gladstone North Area Street Improvements, Project 04-15, is required as these extras fall within the original approved budget. RECOMMENDATION It is recommended that the city council approve the attached resolution directing the modification of the existing construction contract for the Gladstone North Area Street Improvements, City Project 04-15. Attachments: Resolution Change Order No. 2 and 3 Location Map RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 04-15 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 04-15, Gladstone North Area Street Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer has reported that it is now necessary and expedient that said contract be modified and designated as Improvement Project 04-15, Change Order No. 2, and 3, as an increase to said contract by an amount of $15,171.80, such that the new contract amount is now and hereby established as $1,795,235.55. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city manager are hereby authorized to sign on behalf of the City of Maplewood to signify and show that the existing contract is hereby modified through said Change Order No. 2 and 3 as a contract increase in the amount of $15,171.80. The revised contract amount is $1,795,235.55. No revisions to the project budget are proposed at this time, as these changes fall within the original project budget. DEPARTMENT OF PUBLIC WORKS MAPLEWOOD, MINNESOTA Project Name: Gladstone North Area Street Improvement Project Change Order No.: 2 Project No.: 04-15 Date: 1-27-06 Contractor: T.A. Schifsky & Sons, Inc. The following changes shall be made in the contract documents: (Work not covered under contract) Description Unit Labor, equipment and material EA to install service connections at 1970/1974 and 1961 Dieter St Unit Quantit Price Total 1 $3,672.68 $3,672.68 TOTAL $ 3,672.68 Original Contract: $1,766,328.58 Net Change of Prior Change Order No. 1: $13,735.17 Change This Change Order: $3,672.68 Revised Contract: $1,783,736.43 Approved Mayor Recommended Engineer Agreed to by Contractor by Its Title CHANGE ORDER DEPARTMENT OF PUBLIC WORKS MAPLEWOOD, MINNESOTA Project Name: Gladstone North Area Street Improvement Project Change Order No.: 3 Project No.: 04-15 Date: 2-6-06 Contractor: T.A. Schifsky & Sons, Inc. The following changes shall be made in the contract documents: (Work not covered under contract) Unit Description Unit Quantit Price Total Labor, equipment and material EA 1 $3,105.50 $3,105.50 to improve drainage at 1490 Ryan, 1970 Barclay, 1961 and 1973 Dieter. Aggregate Base CL. 6 for added EA 1 �'- -* �*-R parking, access roads and drives. TOTAL $ 11,499.12 Original Contract: $1,766,328.58 Net Change of Prior Change Order No. 1: $13,735.17 Order No. 2: $3,672.68 Change This Change Order: $11,499.12 Revised Contract: $1,795,235.55 Approved Mayor Recommended Engineer Agreed to by Contractor by Its Title GERVAIS A VE. GRAN DVI EW AVE. 36 L VI KING DR. U) SHERREN AVE. �-- Cn U) U) Knuckle Head Lake COPE CT. COPE AVE. d LARK AVE. C� LARK Cn Q' cr z ° CO. LRD. 0 v v Q Q LAURIE CJ p Sherwood< E L-J LEALAND RD. _ 4 SAND HURST Of Pork z AVE. JUNC =ON AVE. w CO. Ti bk r - J � g � z °- `T' q� BURKE BURKE AVE. v-i L URKE Z— J,, F m o ��•O T CN CIR ELDR IDGE AVE John Gle U) -71 (10 N E. B MON LN. 0 4 � GATEWAY SKILL �`P VE. O SKILLMAN AVE. w HARRIS AVE. > Q ROSEWOOD 1 D vi AVE W rr —J =D) W Robinhood = ROSEWOOD p ROAN J v w Park z R AN AV. AVE. S. O TRp`I Flicek w _ z C j V b,C J Park F- U (/? Q n- n I c� FR ST AVE. fl =E NTON AVE. W (A U) g W Z Gloster M ER AV E. v w SU MM�R AVE. J ° Park m p 2 ry W FRISBIE AVE. v Paakefield rk RIP LEY A E. —° z Project location no scale Exhibit 1 P Locatio Gladstone North Area Streets 04-1S AGENDA NO. HII FA91:4 • I BY- 1 1:91:4 a* 1011 TO: City Manager FROM: Finance Director RE: Purchases from Employee-Owned Companies At the February 13 Council meeting there was a discussion about alternative ways to deal with employee purchases from employee-owned companies. A motion was passed which tabled action on the item and directed "the City Attorney and staff to establish a purchasing policy addressing employment issues and defining what ownership interest means with regard to that purchasing policy" for the February 27 Council meeting. The proposed policy recommended by the City Attorney's staff is as follows: "Before making a purchase from, or entering into a contract with, a business entity owned wholly, or in part, by an employee of the City of Maplewood, City Employees must obtain at least two (2) price quotes which are to be preserved for one (1) year after their receipt. That purchase shall then be reviewed by the purchasing Employee's supervisor to confirm that the decision to make a purchase from, or enter into a contract with, the business entity owned wholly, or in part, by the City employee is based on rational economic factors including, but not limited to, price and availability of goods and services. A business entity owned wholly, or in part, by a City Employee shall be defined as: an entity organized for profit, including an individual, sole proprietorship, partnership, corporation, joint venture, association, or cooperative in which the City Employee or a member of the City Employee's immediate family has a financial interest excluding interests consisting solely of publicly issued stock holdings constituting equal to or lesser than 5% of the entity's total public stock issue. A member the City Employee's immediate family is defined as: the City Employee's spouse, the City Employee's child, the City Employee's parent, or the City Employee's sibling." P\agn\purchasing policy change 022706 Agenda Item H12 FAC140 I IDEA :14001 A )CATE: February 21, 20CJ TO: Mayor and City Council FROM: Richard Fursman City Manager NO 1111 111 11111 111;;11111111" FII, l�ii IIII I • 1 • l 1 1111111 ! 11 !1f! • '1 11 l�"I 0 - Council member Will Rossbach requests that the attached resolution be adopted by the City Council supporting transportation revenues for public transit assistance and highway purposes. Whereas, Minnesota's transportation infrastructure forms the backbone of the state's economy and has a direct impact on future economic development; Whereas, too many Minnesotans are being killed in traffic crashes on dangerous roadways; Whereas, funding for highway and transit systems in Minnesota has remained stagnant and is failing to keep pace with growing population and growing demands; Whereas, local governments throughout the state are struggling to maintain local transportation systems while the state's gas tax has not been increased since 1988 and transit budgets have been cut in recent years; Whereas, the Minnesota Legislature has repeatedly turned to revenue from the motor vehicle sales tax, which has been viewed as user fee revenue, in order to fund both highway and transit systems including the current dedication of 54% of motor vehicle sales tax for transportation purposes; Whereas, the legislature passed a proposed constitutional amendment during the 2005 Legislative Session that would appear on the ballot November 7, 2006 asking voters if the remaining 46% of motor vehicle sales tax revenue currently used for other purposes should be used for highways and transit systems; Whereas, passage of this amendment would mean an increase in stable revenue for highway and transit systems throughout the state that would rise to approximately $300 million per year once the transfer of revenue is fully phased-in by 2011; NOW, THEREFORE, Be It Resolved That the City of Maplewood strongly supports passage of the proposed amendment to the Minnesota Constitution dedicating all of the motor vehicle sales tax revenue to transportation with at least 40% of the revenue for public transit assistance and not more than 60% of the revenue for highway purposes. Agenda Item 1.1 I N :4 :101 z;h 9& 1 111 k y , I i T I F- Applicant: Josh Clendenen, Delaney Company LLC Site Address: 2413 Linwood Avenue Zoning: Single-Dwelling Residential (R-1) Land Use: Single Dwelling Residential (R-1) City Council Hearing Date: February 27, 2006 60-Day Review Date: March 26, 2006 Project Description: Josh Clendenen, Delaney Company LLC, is proposing to construct a single-family house on a vacant lot at 2413 Linwood Avenue with a 30.5-foot front yard setback. City code would require a 68.2-foot front yard setback on this lot. Request: In order to construct the house with a 30.5-foot front yard setback as proposed, Mr. Clendenen requests the city council approve a reduced front yard setback of 37.7 feet. Recommendation: City staff recommends approval of the reduced front yard setback to allow a new house to be constructed at 2413 Linwood Avenue with a 30.5-foot front yard setback, instead of the required 68.2 feet. TO: FROM: SUBJECT: APPLICANT: LOCATION: DATE: INTRODUCTION Richard Fursman, City Manager Shann Finwall, AICP, Planner Reduced Front Yard Setback Josh Clendenen, Delaney Company LLC 2413 Linwood Avenue February 21, 2006 Josh Clendenen, Delaney Company LLC, is requesting city approval of a reduced front yard setback to construct a new single-family house at 2413 Linwood Avenue. The single-family house is proposed with a setback which is closer to the Linwood Avenue right-of-way than allowed by city code. (Refer to the attached location map, site plan, and building elevations [Attachments 1 through 3].) Request In order to construct the house with a 30.5-foot front yard setback as proposed, Mr. Clendenen requests the city council approve a reduced front yard setback authorization of 37.7 feet. XejX9jFRW February 13, 1989: The city council approved a plat called Huntington Hills South, Third Addition. A condition of approval was that a temporary cul-de-sac be constructed at the end of Springside Drive, allowing for the future extension of the street. (Refer to the Huntington Hills plat and the Springside Drive temporary cul-de-sac map attached [Attachments 4 and 5].) April 30, 2001: City staff approved the minor subdivision of 2437 Linwood Avenue in order to create two single-family lots. One lot maintained the existing house on Linwood Avenue and the second lot was developed with a single-family house with access off of the Springside Drive temporary cul-de-sac (2439 Springside Drive). A condition of approval was the dedication of a 60-foot-wide right-of-way easement for the future extension of Springside Drive. (Refer to the 2437 Linwood Avenue minor subdivision map attached [Attachment 6].) August 23, 2004: The city council approved the preliminary plat for Hillside Estates. This plat subdivided a 1.6-acre vacant lot on Linwood Avenue into three single-family lots, with the extension of Springside Drive into the above-mentioned right-of-way easement. Two lots front on the new Springside Drive cul-de-sac and one lot fronts on Linwood Avenue (2413 Linwood). (Refer to the Hillside Estates preliminary plat attached [Attachment 7].) June 13, 2005: The city council approved the final plat for Hillside Estates. (Refer to the Hillside Estates plat attached [Attachment 8].) Single - Family House Setback Requirements The city's single - family front yard setback ordinance (Section 44 -107) requires that each dwelling and accessory structure have a front yard setback of at least 30 feet, except that interior lots next to existing dwellings must maintain a minimum setback of the adjacent dwelling closest to the street and a maximum setback of the adjacent dwelling farthest from the street. The vacant lot at 2413 Linwood Avenue is an interior lot. The adjacent house closest to the street (2425 Linwood Avenue) is set back approximately 100 feet and the adjacent house furthest from the street (2401 Linwood Avenue) is set back approximately 105 feet. According to the front yard setback ordinance, therefore, the minimum front yard setback for the vacant lot at 2413 Linwood Avenue is 100 feet. In this instance, however, the rear yard setback ordinance overrides the setback required by the front yard setback ordinance. The rear yard setback ordinance (Section 44 -109) requires a minimum rear yard setback of 20 percent of the lot depth. The vacant lot at 2413 Linwood Avenue is 139 feet deep. For comparison, the adjacent lots to 2413 Linwood Avenue are approximately 191 and 268 feet deep. The required rear yard setback for 2413 Linwood Avenue is 27.8 feet at a minimum (139 feet x .20 = 27.8 feet). For this reason, the furthest the house could be set back from the Linwood Avenue right -of -way is 68.2 feet, rather than 100 feet as required by the front yard setback ordinance (139 feet [lot depth] — 43 feet [house depth] — 27.8 [20 percent of lot depth] = 682 feet). Mr. Clendenen proposes his new house with a 30.5 -foot front yard setback rather than the required 68.2 -foot front yard setback. The reduced front yard setback is being requested in order to preserve a berm and mature oak trees. The required side yard setbacks for a single family house are 10 feet for the living structure portion of the house and 5 feet for an attached or detached garage. Mr. Clendenen's house will comply with this requirement with an 11 -foot setback to the east and a 66 -foot setback to the west. Reduced Front Yard Setback Requirements The front yard setback ordinance allows city staff to approve a different setback than described above if it would not adversely affect the drainage of surrounding properties and if any of the following conditions apply: 1. The proposed setback would not affect the privacy of the homes. 2. The proposed setback would save significant natural features. 3. The proposed setback is necessary to meet city, state, or federal regulations, such as the pipeline setback or noise regulation. 4. The proposed setback is necessary for energy - saving, health, or safety reasons. 2 AS directed by code, 0O September 8 staff informed the adjacent property owners and the city council of the proposed different front yard setback. Fifteen days were given in which k] receive comment orGnappeal. {}n September 20 staff received 8O appeal Of the proposed setback byGO adjacent property owner. The code requires all appeals on different front yard setbacks to be heard by the city council for final determination. Mr. Fred N8zah8n the property owner located to the east of the vacant lot (2425 LiDvv00d Avenue), is appealing the reduced front yard setback. In K8[ N8z8h@O'S attached appeal letter he discusses his concerns about the placement nf the house and his COOC8[OS about the Ove[@|| platting of the property. (Refer to Fred N@z8ri8O'S appeal letter attached [Attachment B].) |t would appear that Mr. N@z8riGO'S main concern iSwith the placement Of the infiltration basin On the Linwood Avenue lot. Mr. N8z@ri@D requests that the developer rHC0DbJU[ the infiltration basin 8S@ "crescent O[ flattened tear drop shape" in order to allow the placement of the house in the center of the lot, rather than the east side Of the lot towards his house. With the house located further to the west, Mr. Nazarian would then request that the house be set back as far from the Linwood Avenue right-of-way as the city's ordinance allows, 68.2 feet. Mr. N8z@h8OiS not supportive, however, Of the house maintaining @60.2-fO0t setback from the Linwood Avenue right-of-way if the house maintains its proposed side yard setback of 11 feet to the east property line. Mr. N@z@h@n is @vv@ne that this scenario would cause the removal Df the berm and mature trees and therefore reduce his privacy. Hillside Estates Plat Location of Infiltration Basin The Hillside Estates plat has a drainage and utility easement located on the west side of the Linwood Avenue lot. One reason the easement is needed is for 8n infiltration basin which iG designed t0 treat storm water runoff from the new SpriDg9idB Drive street extension and the new lots. The location Of the basin OO the west side Of the lot and north Cf Linwood Avenue was chosen due tO the grade of the land and the fact that there are DO mature trees OO this side Of the lot. Any other location would have caused additional grading and removal 0ftrees. The Sp[iOgSide Drive street extension and infiltration basin was constructed last sUnnrn9r. Erin Laberee, assistant city engineer, states that the relocation of the basin is possible. However, it would require that the city council authorize the vacation of the existing drainage and utility easement, that the developer redesign and reengineer the basin, that the developer dedicate @ new drainage and utility easement tn the city, and that the developer reQradethe entire basin with the possibility for the removal of mature trees. Mr. Clendenen would be responsible for all costs and work associated with the basin ne|OC@Uon. Mr. Cl8Od8OeD states that the relocation Of the basin would be cost prohibitive. For this reason he met with Mr. Nazarian to discuss alternatives such as planting several evergreen trees along the east side Of the property b} create additional screening. W1[ N8z@h8O seems opposed UD any other alternative but the relocation Of the basin and shifting of the house further t0 the west. 3 Mr. ClendHneD states that shifting the house further to the west while maintaining the basin's CU[neDt k]C@tk}D i8 not feasible b8C8USG it would require retaining vv@||S on the west side of the house. The retaining vv@||S vvOV|d need UJ be constructed within the drainage and utility easement. Ms. L8b8r8e states that the construction Ofretaining walls iDthe easement would be problematic iDthe event the city ever needed b}n3gr@de the basin orconduct other drainage and utility work within the easement. Building Pads The approved Hillside Estates preliminary plat showed the |Oc@tiOO of proposed building pads for the future houses. The purpose Of showing the building pads is tO ensure that each lot can be developed according tV the grading and drainage plan. The city's front yard setback ordinance described above states that the city council may approve special setbacks for developments, which is the request by Mr. Clendenen. The ordinance further states that approval of a preliminary plat with building pads does not constitute approval Cf setbacks. |n this case, however, it does support the applicant's request in that it showed the most probable location for the future houses. Tree Replacement A condition 0f the Hillside Estates plat approval was that the developer replace all large trees removed with the development Vf each lot. The city's tree preservation ordinance defines 8 large tree @S any healthy tree with @ trunk diameter 0f8 inches @t@4-fOot- t[UOkheight.8xdUdiOgbOxe|dH[.00ttODvv00dS determined by the community development director. There are four oak trees which will be removed with the development Df the lot 8t2413 Linwood Avenue. Only two Ofthe oaks are considered ^ '|arQa''trees. Therefore, Mr. Qendenen is required 0o replace at least two trees. With the approval of reduced front yard setback, city staff recommends the replacement 0f all four trees, regardless 0f their size. In Sb3ff'G OpiDk0 the proposed |0C8tioD of the hOU38 meets the 9b3Od8ndG of approval as specified in the city's front yard setback ordinance for a reduced front yard setback for the following reasons: 1 The proposed location 0f the house will not affect the drainage Ofsurrounding properties. 2. The proposed location Of the house will not affect the privacy Of adjacent houses because it will be screened from view from the house V]the east by@ berm and several mature trees, and will b8 located over 1yO feet away from the house k} the west. 3. The proposed location Of the house will preserve several mature oak trees. For these reasons, staff recommends approval of the requested reduced front yard setback authorization on the condition that the developer plant four, 8-foot-high evergreen trees along the east property line, behind the rear wall [f the house, tO increase screening from the adjacent property. 4 I.NW Approve Josh Clendenen's request for a reduced front yard setback to allow a new house to be constructed at 2413 Linwood Avenue with a 30.5 foot front yard setback, instead of the required 68.2 feet. Approval is based on the following findings: The lot has many difficult development challenges including: the lot is at least 52 feet shorter in length than the adjacent lot, there is a large infiltration basin and drainage and utility easement located on the west half of the lot, there is a large berm located on the northeast corner of the lot, and there are several mature oak trees located on the northeast corner of the lot. 2. The Hillside Estates preliminary plat reflects the best location for a building pad on the lot to be located with an approximate 30 -foot front yard setback on the east side of the lot, as proposed by the applicant. 3. There are mature trees located on the northeast corner of the lot that will help screen the new house from the house to the east. 4. The new house will be located over 170 feet from the house to the west. Approval is subject to the applicant doing the following: The applicant must submit the following for staff approval prior to issuance of a building permit: a. Landscape plan showing the location of four, 8 -foot -high evergreen trees to be located along the east lot line, behind the rear wall of the house, to add screening from the new house to the house located to the northeast (2425 Linwood Avenue). b. A letter of credit or cash escrow to cover 150 percent of the cost of planting the above - mentioned four, 8 -foot -high evergreen trees. 2. Prior to certificate of occupancy for the house, the applicants must install all required landscaping, including the four, 8- foot -high evergreen trees, and pave the driveway with a bituminous surface. P:com- dev \12 -28 \Springside Drive\2413 Linwood Avenue Attachments 1. Location Map 2. Site Plan 3. Elevations 4. Huntington Hills Plat 5. Springside Drive Temporary Cul -De -Sac Map 6. 2437 Linwood Avenue Minor Subdivision Map 7. Hillside Estates Preliminary Plat 8. Hillside Estates Final Plat 9. Appeal Letter N Attachment 2 LINWO-0-0 A VENL E;lw 14 IO23S1 ,, MIMM 0 1009.96 � T_ i r\ovj 71?1 a LI/I Tc�, E l evation s F Elevations Attachment 4 HUNTINGTON HILLS SOUTH THIRD ADDITION S 'non-E S 7 21.73 247A2 dik ---- — ----- so a • SCALA Fm 9 BEARING NOTE; POND "r- %� #0 ' I 4 5 IN t 11 w. ..+.. ' Z' I I N am— DRAINAGE AND UTILITY EASEMENTS Ao! ARE SHOWN THUS: .0 `14 nt 6 41 P N Eew 1/4 K 114 L_ 30 � 30 .98 24&70 S 83 wo mill! VV M34 scuow m rip. a Am tmmwx tm'm DST MCI IL M. 2a "Com 9= 3Y 01= swl" tvq!X 11-S. IP lz r► � 24 MAIK ?4r = = w SCUM 1/4 COVCt OF SEC It kmft om 22 It= CIUMIER LAND ffURVEYOZ& VII IMMMZO f'%OPZ=OXAL 0 UAMV SUI&VEYORS lamb, �I� N Huntir Hillb Plat W E 8 s Attachment 5 YMY q bF MOO J/ 69..1€t 1 40 . f- - - - -.. - - - - - I I r 6 50'-4"PE DRAIN TILE I I I ( I. I ! ! r �--J L ------ PIE MNINTILE..- ti a4 JOT, 1 4 ro I 7 I r t t w v NV = 006.96 Kw. = 1010.0 N Springsi•e Dri've Teln' Cul-de-Sac s INFO q. CURVE o N.W. = 100707 H,W. = OM40 R 1',S Joam' PC,= 1417.63 1 CONSTRUCT TE RARY PT� Z+IM3 % TURN-ARO D 100 DIA. ' CENTER I 13" CL, 3 L - 2� - 233r - wE F 125.00 34,38 YMY q bF MOO J/ 69..1€t 1 40 . f- - - - -.. - - - - - I I r 6 50'-4"PE DRAIN TILE I I I ( I. I ! ! r �--J L ------ PIE MNINTILE..- ti a4 JOT, 1 4 ro I 7 I r t t w v NV = 006.96 Kw. = 1010.0 N Springsi•e Dri've Teln' Cul-de-Sac s N 53'34'06 E x OR" xtna x to 0, rol —PROPOSM DMW a. t as NM 0 4 WiVEWAX EASEUENT — — — — — — — — — — — -- $46�0 ------------------------- ------------------- --- — 4� iIDRJ)t Wit: OF MEET Wi;tjT—QF—WAY — — — — — — — — — — — — — WIE Or ttiE SE 114—SW T/4 SEC 17 T. 2B. R. 22 fj IVIFOO,O A VA' E. —' IV 88*34'06 E Mrr, 'w, Attachment 6 2437 Linwood Ave, Minor Subdiv*isnion 1783'L� 1 1 42' R 170' 10' U71UTY EASEMENT 46', 17� UNWOOD A7VE. Attachment 7 SEtnON 12 TOWN 28 RANCE 72 SUBJ To RI) EX W 60 FT OF E 206 PT OF 5225 Ft & EX E 146 FT; THE S 500 FT OF E 1/2 OF W 1/2 OF S- 1/4 OF SW 1/4 iN SEC 12 TN 28 ;?N 22 SPRfNGSiDE DR. 8 Prel il" nary %I. r2 R ----------- - - - - - - - - - - - - - Attachment 8 FOUND 1/2 INCH to [RON PPE~ CAP n NO. 9235 0 ).00 V) .3'07'49' 4.90 C 16 — — — — — — — — — — — — -- — — — — Z as � It IT 00 < 11 LO (per right—of—way for roadway i'15'37 K � I'SO purpas�es. Doc- No. 1645294) Cobb ---------------- LO C 00 `07' .90 ---------- — — — — — — — — — — — — — — -- 388'34'06"WI Co a 40.01 S88'34'06"W 206.04 &I M r 0 t Am Final Plat R E C E'i "! IF '__ a SEP : 0 200 TO: City of Maplewood — Office of Community Development 1830 County Road B East Attachment 9 Maplewood, MN 55109 FROM: Fred Nazarian 2425 Linwood Avenue East Maplewood, MN 55119 DATE: 15 September 2005 SUBJECT: John Poirer Development and resultant lot on XXXX Linwood Avenue East. I have received your letter for comment on the proposed house placement by Delaney Custom Homes on 24XX Linwood Avenue East (immediately West of my property). Before I make my comments and suggestions I feel it is mandated that we do a review of the plat as initially proposed by John Poirer (See Attachment 1). BACKGROUND: In reviewing this proposed plat I made some suggested changes to it. One of these proposed changes was to allow the 1.7 acres to be developed as ONLY TWO LOTS. I also expressed my concerns as to my loss of privacy if too many trees were cut down to make room for the (then proposed) cul-de-sac. With hindsight I now see that these suggestions were not listened to and a PROBLEM has been created for the developer (Delaney Custom Homes) by the allowance of the third lot, and the placement of a MUD POND (settlement ditch) in a position on the lot that almost certainly forces the ungainly placement of the proposed new house in one of two areas immediately close to my property line and causes the cutting of more trees in order to have this placement work. Also, if allowed, it will certainly destroy EVEN MORE of my privacy (as did the removal of 80% of the trees in the right-of-way of, and immediately adjacent to (on the South side of) the cul-de-sac)). Additionally, there were two other configurations of the mud pond prior to this last iteration. ACTIONS: The City approved the (proposed) plat by John Poirer for three lots after (as I understand it) he requested development of only one house on the property (and he was forced by the City to develop three lots). Additionally after staking out the three lots with lath, these lath sticks were constantly being moved by surveyors during the one-year of development of this property. Additionally there STILL IS an unresolved concern about the East line of the 24XX lot and it true location (again lath placements were moved by surveyors AND A METAL LOT IRON was also moved within the last six weeks. I brought these concerns up to the developer and Shann Finwall but have seen no action as agreed to in our meeting of 9:00 AM Thursday, 9 September 2005. MY POSITION: I am formally objecting to the placement of the house in its' currently staked out location near the East property line of the property. Additionally, I object to the present contour and placement of the mud pond on the lot at 24XX Linwood Avenue East. PROPOSED ACTIONS: In counter to this location I propose the following actions by the City of Maplewood: 1) Recontour the settlement pond closer to the West property line and in a crescent or flattened tear drop shape (See Attachment 2 proposed re- designs and house placement), 2) Allowance of the placement of the proposed new house in a location more in the middle of the lot and closer to the back of the lot, 3) Replace all of the "Large trees" removed for the cul -de -sac work according to the "Large tree Ordnance" of the City of Maplewood. I suggest the planting of the replacements on the South side of the cul -de -sac between the remaining trees and the East lot line of the new Springside Lot#2. - ¢Ee AAACHMtmr * t •. 4) Replacement of some trees removed from the 24XX Linwood lot on the side of the boundary Hill between 24XX and 2425 Linwood Avenue East (subject to agreement between developer and Homeowner of 2425 Linwood Avenue East), 5) A setback for he house of 66 feet from the front lot line, and a minimum of 15 feet from the East lot line of 24XX Linwood Avenue East, based upon the recontouring of the mud pond into a more compact shape closer to the South and West lot lines of 24 XX Linwood ( two proposed re- configurations can be seen on Attachment 2). If the City approves the placement of the house in its' currently staked out position (near the East lot line) and 30.5 feet for a front yard set -back, then I am formally requesting a Ietter from Mr. Patrick Kelly accepting full fiscal responsibility for all future depreciation of value of my house. Such value to be determined by the historical (appraised and taxed) value increases from 1997 to date. Furthermore, I wish to be compensated on an annual basis for all loss of value due to the failure to allow placement of this house in a more aesthetically pleasing (and normalized) location. Sincerely, Fred Nazarian 2425 Linwood Avenue East Maplewood, MN 55119 — 5824 Dc: Delaney Custom Homes Mayor Bill Cardinal A rrAc."mev I S c" 12 Imm 2s ��M = suw TO ;w Ex w fio n Of E =A OF S= F7 & a !46 Ft; INE S 500 FT OF E 1/2 OF V 1/2 OF T 1 / 4 OF SW Y W = 1 2 IN 20 R14 22 iL LINWOOD �-VE. ArAoimc-N - r lvoz ,T a.q �2'v 00 AME NUE W OAX 1 M $19 0 Agenda Item J1 TO: Richard Fursman, City Manager FROM: Bruce K. Anderson, Parks and Recreation Director DATE: February 22.2OO5 for the February 27 City Council Meeting SUBJECT: MCC Pool Ceiling Painting INTRODUCTION The Maplewood Community Center opened to the public in October 1994. The facility has proven to be extremely successful and we've had the opportunity to serve over 4 million patrons during the past decade. The city has made extraordinary efforts to keep the community center iDexcellent condition and we regularly receive compliments regarding the quality and upkeep of the community center. As the community center begins hoshow its age, ongoing maintenance issues continue ho evolve. The MCC pool ceiling and support beams are currently iD need 0f painting. The formal bid proposals were opened on Wednesday, February 22 at 9 a.m. in the city hall council chambers. The MCC pool and support beams are currently in need of maintenance and routine painting and upkeep. Specifications and advertisement for bid were prepared and advertised iO the local newspaper. There were three bids received ranging from g low Of$08.315[Og high of $155,600. The request for proposal proposed the painting of the interior of the Maplewood Community Center 8qU8UC C8OLe[ as outlined in the 8OC|0S8d 13-point 3p8CifiC@ti003 which were supported by d8L8i|Gd paint and product application specifications from Sherwin Williams. It is proposed that the painting will occur during the pool shutdown at the end of August. The monies for the painting will come from the Maplewood Community Center capital improvement fund. RECOMMENDATION Staff recommends that the city council award the low bid of $96,315 to Swanson & Youmdale|nc, with the understanding that the city receive 8 formal letter [f confirmation warranting their bid through December 1, 2006. xp»\bidawerd.poo/nco Enclosure MAPLEWOOD COMMUNITY CENTER PREPARATION AND PAINTING AQUATIC PROJECT BID OPENING February 22, 2006 9 a.m. BIDDER BID AMOUNT BID ALTERNATE 1 BID ALTERNATE 2 5% BID BOND Swanson & Youngdale Inc $96,315 Yes Rainbow Inc. $98,930 Yes TMI Coatings $155,600 Yes Swanson & Youngdale, Inc. 6565 West 23rd Street P.D. Box 26070 Mirnea.pohs, Miinesuta 55426-0070 Phone: 952 54-5,2541 F;ix: 952 45.4435 Saks Fax: 592.525.1945 Mr. Larry Farr City of Maplewood Maplewood Community Center 1830 East County Road B Maplewood, MN 66109 Re: Maplewood Community Center — Pool Ceiling Painting Maplewood, Minnesota We propose to furnish labor, materials and equipment to provide the preparation and painting of the pool ceiling at the above referenced, per the specifications dated December 9, 2005, for the such of $96,315.00. We further propose to issue a credit of $2,500.00 it the main tresses are painted to match the ceiling color. This proposal is based on no lead, radium, chromium or other hazardous materials are in the existing coatings. If you have any questions regarding this matter, please feel free to contact me, An Equal Opportunity Employer/Contractor a:» ■■.<£ : <» m■fewa LOC%20y MAPS WOOD COMMUNITY CENTER POOL ! ITEM DESCRIPTI � U/M QMANTITY PRICE EXTENSIO FUR N I SH ALL LAB 7 AND MATERIA FOR THE PREPARATION ND PA MAP LEWOOD COMMUNITY CENTE AQUATIC CEILING S BEAMS AND R ELATED ft N L (AS PER TT HED SPECI F I CAT I ON) 4 ■■ i<, ■, 4!■ + a „ &!! «, „ 1H PROPOSAL TMI Coatings, Inc. MAPLEWOOD COMMUNITY CENTER AQUATIC CEILING PAINTING Bids Due: 9:00 A,M, February 22, 2006 TMI Coatings proposes; to furnish all labor and materials for the preparation and painting of the Maplewood Community Center aquatic ceiling and support beams and related painting projects in accordance with 12-page bid spec i if cati dated January 26, 1 -006. 'FOTALLA-BORA-�ND.\IATERL LED : . . . ... . . , . , , . , $155 Thank you for the opportunity to submit this proposal to you. If you have any questions or comments, please feel free to contact me at 65 1- X152 -61 <:(m'oro 5 February 13, 2006 City of Maplewood Maplewood Community Center (MCC) 2100 White Bear Ave. Maplewood, Mn. 55109 This RFP is intended for the painting of the interior of the Maplewood Community Center Aquatic Area. This includes the following items and is not limited to unforeseen details or exclusion. 1. Protection of Pool Area so that debris does not contaminate the pool area or pool waters. Empty Pools and decks are to be lined with plastic, taped at seams and secured on the decks. 2. Prep work/cleaning to remove loose paint, rust, and debris on items to be done using approved method. 3. Prep work/cleaning of all metal ceiling decking to remove loose paint, rust, and debris (using approved method not to damage or remove galvanized finish) 4. Prep work/cleaning of all trusses, support columns, and girders/1 -Beams to remove loose paint, rust, and debris (using approved method) 5. Prep work/cleaning of all attaching plates, Pipes, support brackets, trim, bolts, and related support items to remove loose paint, rust, and debris (sandblasting may be required) 6. Prep work/cleaning of all Light Fixtures to remove loose paint, rust, and debris (sandblasting may be required) 7. Priming using Sherwin Williams recommended primer and methods for the areas listed above, pickling may be necessary on galvanized decking areas. 8. Paint all areas using Sherwin - Williams recommended paint (color to be selected by MCC) for the areas listed above following Sherwin - Williams requirements. 9. Disposal of all debris following EPA or other regulatory agencies specifications. 10. Warranty to be issued by Sherwin - Williams for areas completed. 11. Independent inspector will be contracted to do inspection to insure quality of work and application of finishes throughout project. 12. All items /materials required for this project will be inclusive in this proposal including but not limited to primer, paint, cleaning supplies, cleaners, sand blaster /sand /materials, lift equipment, scaffolding, ventilation, safety equipment, protective equipment, permits if required, coverings, tape, clean -up, window cleaning, disposal of debris, and related project items. 13. This bid also includes steel wind break columns by windows, water slide support frame, and fire sprinkler system. (NOTE: This proposal does not include the waterslide stairs /railings /deck areas, cement support columns, walls, or metal doors /windows trim.) Bids are due by February 22, 2006. If you have any questions or need different blue prints please contact Larry Farr, Chief Building Engineer at 651 -249 -2342, or Cell Phone 651- 755 -3098. My computer/Maplewood Community CenteriPool Area RFP Painting 2005A 9 Agenda Item K1 TO: Richard FurSmaO. City Manager FROM: Charles Ahl, Public Works Director/City Engineer SUBJECT: TH 5 and TH 120 Vacant MnDOT Property, City Project 03-20— Resolution Calling for Public Hearing on March 13 to Review Marsh 212 and Hill_MurrayConcept Plans DATE: February 20,2006 The excess right of way on the western side of TH 120 at the intersection with TH 5 has been under discussion for six years regarding the possibility of relocating the |S[] #022 bus maintenance facility from U0vvntOvvn North St. Paul tO this site. In the past year, Hill-Murray School has also expressed on interest in the property for expansion 0f their campus and athletic fields. An environmental group, represented bv Ron CoCkpei| (called Marsh 212),has also expressed interest/concern with site proposals. |n July 2OU5 each of these groups made a presentation to the City Council on their proposal. {)n January 23,2OO8,the City Council heard G presentation from |8[)#822On the bus garage proposal. A public hearing would b8 appropriate tO receive local input OD the Marsh 212 and Hill-Murray Concept Plans. A resolution calling that hearing for March 13. 2000, is recommended. Background The City Council considered this item Vn January 23.2O08, when the bus garage proposal was presented. The Council requested 8 presentation from Marsh 212 and Hill-Murray before making 8final determination. ApUb|iC hearing should be called for March 13, 2008 L8 review these pnJp8s8|S. Marsh 212 and Hill-Murray are expected to submit information for the public hearing On March 3 m for staff review. A formal review and discussion of the property will be presented as part of the staff report for the public hearing once information from Marsh 212 and Hill-Murray iGreceived. Staff plans to review the two proposals with the same criteria for wetland protection, environmental enhancement, wetland restoration and overall neighborhood impact as applied to the bus garage proposal, which was recommended for denial by the staff. It is recommended that the City Council adopt the attached resolution calling a public hearing for March 13, 2006, at 7:00 pm on the TH 5 and TH 120 excess MnIDOT property for Marsh 212 and Hill-Murray. Attachments: Agenda Item K1 RESOLUTION CALLING FOR PUBLIC HEARING WHEREAS, the Maplewood City Council has previously reviewed a proposal from Independent School District No. 622 for relocation of their bus garage facility from North St. Paul to vacant MnDOT property at the intersection of TH 5 and TH 120 (Century Avenue), and WHEREAS, the Council requested a review of alternative proposals from a group called Marsh 212 and also from Hill-Murray School, and WHEREAS, said proposals require extensive public review and comment, and WHEREAS, the Council desires to hear all relative comment on the proposal. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The council will consider presentations by representatives from Marsh 212 and representations from Hill-Murray School for the MnDOT property at TH 5 and TH 120. 2. A public hearing shall be held on such proposed proposals on the 13th day of March 2006, in the council chambers of city hall at 7:00 p.m., and the clerk shall give mailed and published notice of such hearing and improvement as required. Item L -1 MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk DATE: February 21, 2006 RE: Change of Manager Intoxicating Liquor License Introduction Blianchong Lor has submitted an application for a change of manager for the on -sale intoxicating liquor license for Lor's Liquor Store, located at 1347 Frost Avenue. Mr. Lor was an equal partner with Charlie Lor and is now sole owner. Mr. Lor has been employed at the store since 2003. Background Mr. Lor has been residing at his current St. Paul address for the past three years. Prior to moving to St. Paul he resided in Minneapolis for ten years. One of Mr. Lor's business references indicated that he has known Mr. Lor both professionally and personally for approximately six years and he is a "really nice person." Another stated that Mr. Lor has no problems with his business practices. Chief Thomalla has personally met with Mr. Lor to discuss measures to eliminate the sale of alcohol to underage persons, general security and retail crime issues, and the Maplewood Liquor Ordinances. In the course of this investigation, state criminal history files were checked along with contacts and warrants in the cities of St. Paul, Minneapolis and Maplewood. Ramsey and Hennepin counties were also checked. Recommendation The on -sale intoxicating liquor license change of manager is submitted to Council for approval. Item L -2 MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk DATE: February 21, 2006 RE: Change of Manager Intoxicating Liquor License Introduction Jill Skogheim has submitted an application for a change of manager for the on -sale intoxicating liquor license for 5 -8 Tavern & Grill, located at 2289 Minnehaha Avenue. Background Ms. Skogheim was born and raised in the West St. Paul area and has been residing in the Dakota County cities of Inver Grove Heights and Mendota Heights for the past five years. Ms. Skogheim is also a shareholder in the business and the owner of the building. She also has been affiliated with 5 -8 Tavern & Grill in Minneapolis since 1997 and the Maplewood location since 2002 where she is the current manager. One of Ms. Skogheim's references made very positive comments about her. In fact, he said that she is "very straight laced" and "a very trustworthy person." Chief Thomalla met with Ms. Skogheim to discuss measures to eliminate the sale of alcohol to underage persons, general security and retail crime issues, and the Maplewood Liquor Ordinances. In the course of this investigation, state criminal history files were checked along with contacts and warrants in the City of St. Paul, City of Inver Grove Heights and Ramsey, Hennepin and Dakota Counties. Recommendation The on -sale intoxicating liquor license change of manager is submitted to Council for approval. Agenda Item L.3 TO: City Manager FROM: Kevin Christiansen, Planning Intern SUBJECT: Nonconforming Use Ordinance Amendment DATE: February 21 On May 29.3004.Governor Ti0PawlSnty approved amendments to the state's nonconforming statute. The 8Dl8Od[Derd authorizes further restriction tOvv8nd repairing and replacing nonconforming uses. The amended statute takes precedence over the city's current DODC0Df0rDiDg 0ndiD@OC8. To be consistent with the standards in the state St@tULe staff is proposing @O amendment t0 the city's nonconforming use ordinance. DISCUSSION The city's zoning code, Article 1, Section 44-12 (c) states that a "nonconforming use that is wholly or partially destroyed by fire, explosion, flood or other phenomenon or legally condemned may be reconstructed and used for the same nonconforming use provided that building reconstruction shall be commenced within one year from the date the building was destroyed or condemned and shall b8 carried on without interrVption." However, Minnesota Statutes, Section 462.357, subdivision 1 (e) states that any nonconforming use may continue after destruction unless more than 5O%Of the market value was destroyed and DObuilding permit has been applied for within 18O days from the date Of the destruction. Changing the city's nonconforming use ordinance to disallow a nonconforming use if 5Oq60fthe market value has been lost and to mandate owners of nonconforming uses to apply for a building permit within 180 days will be consistent with state statute. On February 6, 2006, the planning commission recommended approval of the proposed nonconforming use code amendment (Section 42-12). Approve the proposed ordinance amendment attached. This code amendment changes the nonconforming ordinance (Section 42'12) k]make it consistent with Minnesota Statute, Section 462.357, subdivision 1(e). Attachments: 1. Maplewood's current Nonconforming Ordinance 2. Minnesota Statutes 20O5 section 402.357. subdivision 1(e) 3. Proposed Ordinance Amendment JOBNAME: No Job Name PAGE: 624 SESS. 2 OUTPUT: Tue Apr 8 12:31:10 2003 /firsUpubdoes/mcc/3/11217–full Attachment 1 § 44-11 MAPLEWOOD CODE (3) Whenever an OL district is established, any subsequent application to change the district with which the OL district is combined shall not be construed to be an application to eliminate the OL district for the area covered by the application, unless such intent is expressly stated in the application. (4) Establishment of and any subsequent modification of the boundaries of any OL district shall be by ordinance amending the zoning map of the city. Such amendment shall comply with the requirements of article VII of this chapter. (c) District regulations. In any OL district parcel criteria, property development and use regulations may be established in accordance with the objectives identified in the district's individual purpose and intent. Such regulations shall be structured to implement the purpose and intent of the individual district and shall be applied uniformly to all properties within the district. (Code 1982, §§ 36-14-36-16) Sec. 44-12. Nonconforming buildings or uses. (a) Any 1 1 awful use of a building or land existing at the effective date of any section of this chapter may be continued although such use does not conform to such section of this chapter. (b) The substitution of one nonconforming use for another nonconforming use may be permitted by the city council by conditional use permit, as provided in article V of this chapter, provided that such nonconforming use is determined by the city council to be of the same or more restrictive nature as the original nonconforming use. Whenever a nonconforming use of a building or land has been changed to a use of a more restrictive classification or to a conforming use, such use shall not thereafter be changed to a use of a less restricted classification. (c) A nonconforming building wholly or partially destroyed by fire, explosion, flood or other phenomenon or legally condemned may be reconstructed and used for the same nonconforming use, provided that building reconstruction shall be commenced within one year from the date the building was destroyed or condemned and shall be carried on without interruption. (d) If a nonconforming use of a building or land is voluntarily abandoned and ceases for a continuous period of one year or more, subsequent use of such building or land shall be in conformity with this chapter. (e) No existing building or premises devoted to a use not permitted in the district in which such building or premises is located shall be enlarged, reconstructed or structurally altered, unless: (1) Required by law or government order; or (2) There would not be a significant effect, as determined by the city through a conditional use permit, on the development of the parcel as zoned. CD44:22 Minnesota Statutes 2005, 462.357 Page I of 6 Attachment 2 Minnesota Statutes 2005. Table oLChapters Table of contents for Cha - ter 462 462,357 Official controls: zoning ordinance. Subdivision 1. Authority for zoning. For the purpose of promoting the public health, safety, morals, and general welfare, a municipality may by ordinance regulate on the earth's surface, in the air space above the surface, and in subsurface areas, the location, height, width, bulk, type of foundation, number of stories, size of buildings and other structures, the percentage of lot which may be occupied, the size of yards and other open spaces, the density and distribution of population, the uses of buildings and structures for trade, industry, residence, recreation, public activities, or other purposes, and the uses of land for trade, industry, residence, recreation, agriculture, forestry, soil conservation, water supply conservation, conservation of shorelands, as defined in sections 103F.201 to 103F.221, access to direct sunlight for solar energy systems as defined in section 2160.06, flood control or other purposes, and may establish standards and procedures regulating such uses. To accomplish these purposes, official controls may include provision for purchase of development rights by the governing body in the form of conservation easements under chapter B4C in areas where the governing body considers preservation desirable and the transfer of development rights from those areas to areas the governing body considers more appropriate for development. No regulation may prohibit earth sheltered construction as defined in section 2160.06, subdivision 14, relocated residential buildings, or manufactured homes built in conformance with sections 327.31 to 327.35 that comply with all other zoning ordinances promulgated pursuant to this section. The regulations may divide the surface, above surface, and subsurface areas of the municipality into districts or zones of suitable numbers, shape, and area. The regulations shall be uniform for each class or kind of buildings, structures, or land and for each class or kind of use throughout such district, but the regulations in one district may differ from those in other districts. The ordinance embodying these regulations shall be known as the zoning ordinance and shall consist of text and maps. A city may by ordinance extend the application of its zoning regulations to unincorporated territory located within two miles of its limits in any direction, but not in a county or town which has adopted zoning regulations; provided that where two or more noncontiguous municipalit have boundaries less than four miles apart, each is authorized to control the zoning of land on its side of a line equidistant between the two noncontiguous municipalities unless a town or county in the affected area has adopted zoning regulations. Any city may thereafter enforce such regulations in the area to the same extent as if such property were situated within its corporate limits, until the county or town board adopts a comprehensive zoning regulation which includes the area. Subd. !a. Certain zoning ordinances. A municipality must not enact, amend, or enforce a zoning ordinance that has the effect of altering the existing density, lot -size http://www.revisor.leg.state.mn.us/stats/462/357,htm] 1/17/2006 Minnesota Statutes 2005, 462.357 requirements, or manufactured home setback requirements in any manufactured home park constructed before January 1, 1995, if the manufactured home park, when constructed, complied with the then existing density, lot-size and setback requirements. Subd. lb. Conditional uses. A manufactured home park, as defined in section 327.14, subdivision 3, is a conditional use in a zoning district that allows the construction or placement of a building used or intended to be used by two or more families. Subd. 1c. Amortization prohibited. Except as otherwise provided in this subdivision, a municipality must not enact, amend, or enforce an ordinance providing for the elimination or termination of a use by amortization which use was lawful at the time of its inception. This subdivision does not apply to adults-only bookstores, adults-only theaters, or similar adults-only businesses, as defined by ordinance. Subd. ld. Nuisance. Subdivision lc does not prohibit a municipality from enforcing an ordinance providing for the prevention or abatement of nuisances, as defined in section 561,01, or eliminating a use determined to be a public nuisance, as defined in section 617.81,, subdivision 2, paragraph (a), clauses (1) to (9), without payment of compensation. Subd. le. Nonconformities. (a) Any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless: (1) the nonconformity or occupancy is discontinued for a period of more than one year; or (2) any nonconforming use is destroyed by fire or other peril to the extent of greater than 50 percent of its market • value, and no building permit has been applied for within 180 • days of when the property is damaged. In this case, a municipality may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property. (b) Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. A municipality may, by ordinance, permit an expansion or impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, or safety. This subdivision does not prohibit a municipality from enforcing an ordinance that applies to adults-only bookstores, adults-only theaters, or similar adults-only businesses, as defined by ordinance. (c) notwithstanding paragraph (a), a municipality shall regulate the repair, replacement, maintenance, improvement, or expansion of nonconforming uses and structures in floodplain areas to the extent necessary to maintain eligibility in the National Flood Insurance Program and not increase flood damage potential or increase the degree of obstruction to flood flows in the floodway. Page 2 of 6 http://www.revisor.leg.state.mn.us/stats/462/357.btml 1/17/2006 Minnesota Statutes 2005, 462.357 Subd. if. Substandard structures. Notwithstanding subdivision le, Minnesota Rules, parts 6105.0351 to 6105-0550, may allow for the continuation and - improvement of substandard structures, as defined in Minnesota Rules, part 6105.0354, subpart 30, in the Lower Saint Croix National Scenic Riverway. Subd. lg. Feedlot zoning controls. (a) A municipality proposing to adopt a new feedlot zoning control or to amend an existing feedlot zoning control must notify the Pollution Control Agency and commissioner of agriculture at the beginning of the process, no later than the date notice is given of the first hearing proposing to adopt or amend a zoning control purporting to address feedlots. (b) Prior to final approval of a -feedlot zoning control, the governing body of a municipality may submit a copy of the proposed zoning control to the Pollution Control Agency and to the commissioner of agriculture and request review, comment, and recommendations on the environmental and agricultural effects from specific provisions in the ordinance. (c) The agencies' response to the municipality may include; and (1) any recommendations for improvements in the ordinance; (2) the legal, social, economic, or scientific justification for each recommendation under clause (1). (d) At the request of the municipality's governing body, the municipality must prepare a report on the economic effects from specific provisions in the ordinance. Economic analysis must state whether the ordinance will affect the local economy and describe the kinds of businesses affected and the projected impact the proposal will have on those businesses. To assist the municipality, the commissioner of agriculture, in cooperation with the Department of Employment and Economic Development, must develop a template for measuring local economic effects and make it available to the municipality. The report must be submitted to the commissioners of employment and economic development and agriculture along with the proposed ordinance. (e) A local ordinance that contains a setback for new feedlots from existing residences must also provide for a new residence setback from existing -feedlots located in areas zoned agricultural at the same distances and conditions specified in the setback for new feedlots, unless the new residence is built to replace an existing residence. A municipality may grant a variance from this requirement under section 462.358, subdivision 6. Subd. 2. General requirements. (a) At any time after the adoption of a land use plan -for the municipality, the planning agency, for the purpose of carrying out the policies and goals of the land use plan, may prepare a proposed zoning ordinance and submit it to the governing body with its recommendations for adoption. Page 3 of 6 http://w 1/17/2006 Minnesota Statutes 2005, 4623 :)57 (b) Subject to the requirements of subdivisions 3, 4, and 5, the governing body may adopt and amend a zoning ordinance by a majority vote of all its members. The adoption or amendment of any portion of a zoning ordinance which changes all or part of the existing classification of a zoning district from residential to either commercial or industrial requires a two-thirds majority vote of all members of the governing body. (c) The land use plan must provide guidelines for the timing and sequence of the adoption of official controls to ensure planned, orderly, and staged development and redevelopment consistent with the land use plan. Subd. 3. Public hearings. No zoning ordinance or amendment thereto shall be adopted until a public hearing has been held thereon by the planning agency or by the governing body. A notice of the time, place and purpose of the hearing shall be published in the official newspaper of the municipality at least ten days prior to the day of the hearing. When an amendment involves changes in district boundaries affecting an area of five acres or less, a similar notice shall be mailed at least ten days before the day of the hearing to each owner of affected property and property situated wholly or partly within 350 feet of the property to which the amendment relates. For the purpose of giving mailed notice, the person responsible for mailing the notice may use any appropriate records to determine the names and addresses of owners. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the records of the proceedings. The failure to give mailed notice to individual property owners, or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with this subdivision has been made. Subd. 4. Amendments. An amendment to a zoning ordinance may be initiated by the governing body, the planning agency, or by petition of affected property owners as defined in the zoning ordinance. An amendment not initiated by the planning agency shall be referred to the planning agency, if there is one, for study and report and may not be acted upon by the governing body until it has received the recommendation of the planning agency on the proposed amendment or until 60 days have elapsed from the date of reference of the amendment without a report by the planning agency. Subd. 5. Amendment; certain cities of the first class. The provisions of this subdivision apply to the adoption or amendment of any portion of a zoning ordinance which changes all or part of the existing classification of a zoning district from residential to either commercial or industrial of a property located in a city of the first class, except a city of the first class in which a different process is provided through the operation of the city's home rule charter. In a city to which this subdivision applies, amendments to a zoning ordinance shall be made in conformance with this section but only after "here shall have been filed in the office of the city clerk a written consent of the owners of two-thirds of the several descriptions of real estate situate within 100 feet of the total contiguous descriptions of real estate held by the same owner or any party purchasing any such contiguous property within one year Page 4 of 6 http://iAq , w.revisor.leg.state.mn.us/stats/462/357.htmi 1/17/2006 Minnesota Statutes 2005, 462,357 preceding the request, and after the affirmative vote in favor thereof by a majority of the members of the governing body of any such city. The governing body of such city may, by a two-thirds vote of its members, after hearing, adopt a new zoning ordinance without such written consent whenever the planning commission or planning board of such city shall have made a survey of the whole area of the city or of an area of not less than 40 acres, within which the new ordinance or the amendments or alterations of the existing ordinance would take effect when adopted, and shall have considered whether the number of descriptions of real estate affected by such changes and alterations renders the obtaining of such written consent impractical, and such planning commission or planning board shall report in writing as to whether in its opinion the proposals of the governing body in any case are reasonably related to the overall needs of the community, to existing land use, or to a plan for future land use, and shall have conducted a public hearing on such proposed ordinance, changes or alterations, of which hearing published notice shall have been given in a daily newspaper of general circulation at least once each week for three successive weeks prior to such hearing, which notice shall state the time, place and purpose of such hearing, and shall have reported to the governing body of the city its findings and recommendations in writing. Subd. 6. Appeals and adjustments. Appeals to the board of appeals and adjustments may be taken by any affected person upon compliance with any reasonable conditions imposed by the zoning ordinance. The board of appeals and adjustments has the following powers with respect to the zoning ordinance: (1) To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative officer in the enforcement of the zoning ordinance. (2) To hear requests for variances from the literal provisions of the ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of the ordinance. "Undue hardship" as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to the property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use For the property exists under the terms of the ordinance. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in section 2160.06, subdivision 14, when in harmony with the ordinance. The board of appeals and adjustments or the governing body as the case may be, may not permit as a variance any use that is not permitted under the ordinance for property in the zone where the affected person's land is located. The board or governing body as the case may be, may permit as a variance the temporary Page 5 of 6 http://www.revisor.leg.state.mn.us/stats/462/357.html 1/17/2006 Minnesota Statutes 2005, 462.357 use of a one family dwelling as a two family dwelling. The board or governing body as the case may be may impose conditions in the granting of variances to insure compliance and to protect adjacent properties. Subd. 6a. Normal residential surroundings for handicapped. It is the policy of this state that handicapped persons and children should not be excluded by municipal zoning ordinances or other land use regulations from the benefits of normal residential surroundings. For purposes of subdivisions 6a through 9, "person" has the meaning given in section 245A.02, subdivision 11. Subd. 7. Permitted single family use. A state licensed residential facility or a housing with services establishment registered under chapter 144D serving six or fewer persons, a licensed day care facility serving 12 or fewer persons, and a group family day care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer children shall be considered a permitted single family residential use of property for the purposes of zoning, except that a residential facility whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses shall not be considered a permitted use. Subd. B. Permitted multifamily use. Except as otherwise provided in subdivision 7 or in any town, municipal or county zoning regulation as authorized by this subdivision, a state licensed residential facility serving from 7 through 16 persons or a licensed day care facility serving from 13 through 16 persons shall be considered a permitted multifamily residential use of property for purposes of zoning. A township, municipal or county zoning authority may require a conditional use or special use permit in order to assure proper maintenance and operation of a facility, provided that no conditions shall be imposed on the facility which are more restrictive than those imposed on other conditional uses or special uses of residential property in the same zones, unless the additional conditions are necessary to protect the health and safety of the residents of the residential -facility. Nothing herein shall be construed to exclude or prohibit residential or day care facilities from single family zones if otherwise permitted by a local zoning regulation. HIST: 1965 c 670 s 7; 1969 c 259 s 1; 1973 c 123 art 5 s 7; 1973 c 379 s 4; 1973 c 539 s 1; 1973 c 559 s 1,2; 1975 c 60 s 2; 1978 c 786 s 14,15; Ex1979 c 2 s 42,43; 1981 c 356 s 248; 1982 c 490 s 2; 1982 c 507 s 22; 1984 c 617 s 6-8; 1985 c 62 s 3; 1.985 c 194 s 23; 1986 c 444; 1987 c 333 s 22; 1989 c 82 s 2; 1990 c 391 art 8 s 47; 1990 c 568 art 2 s 66,67; 1994 c 473 s 3; 1995 c 224 s 95; 1997 c 113 s 20; 1997 c 200 art 4 s 5; 1997 c 202 art 4 s 11; 1997 c 216 s 138; 1999 c 96 s 3,4; 1999 c 211 s 1; 2001 c 174 s 1; 2001 c 207 s 13,14; 2002 c 366 s 6; 2004 c 258 s 2; lSp2005 c I art 1 s 92; art 2 s 146 Copyright 2005 by the Office of Revisor of Statutes, State of Minnesota. http://www.revisor.Ieg,state.mn.us/stats/462/357.htm1 1/17/2006 Attachment 3 AN ORDINANCE AMENDING THE NONCONFORMING BUILDINGS OR USES SECTION The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: Section 1. This amendment revises Section 42 -12 (c) (Nonconforming buildings or uses) (additions are underlined and deletions are stricken): A nonconforming building, structure or use destroyed by fire or other peril may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not expansion, unless more than fifty (50) percent of its market value is destroyed and provided that a building permit has been applied for within one - hundred and eighty (180 ) days from the date the building, structure or use was damaged. In this case, the city may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on an adjacent property. Section 2. This ordinance shall take effect after the city publishes it in the official newspaper. The City Council approved this ordinance on February 27, 2006. T. • Attest: City Clerk AGENDA NO. L4 AGENDA REPORT TO: City Manager FROM: Finance Director RE: Preliminary Approval for Issuance of Bonds and Equipment Certificates Bonds need to be issued to finance three public works improvement projects that the City Council has approved. Improvement bonds totaling $6,085,000 are planned for the projects that have special assessments that total at least 20% of the project costs. The projects and financing plans are listed in the attached report from Springsted Incorporated. Page 9 of the report lists annual tax levies for the improvement bonds of $378,063-$468,650 payable 2007-2025 which are required to finance the unassessed project costs. The report also suggests a bid award on the bond sale at a special Council meeting at 5:00 p.m. on Thursday, March 23. (There is a pre-agenda meeting that day at 4:45 p.m.) Equipment certificates totaling $290,000 need to be issued to finance the purchase of 800 MHz radios for Maplewood's Police and Fire departments that the City Council approved on 10-14-04. The equipment to be purchased includes portable radios for officers and firefighters along with mobile radios for squad cars and firefighting vehicles. The total purchase cost is $646,372 but Ramsey County will reimburse the City for a large portion of the cost. Some purchases were made in 2004 that are not eligible for financing by the equipment certificates. A transfer of $40,516.83 from the General Fund to the project fund is needed to finance this purchase. Page 11 in the attached report from Springsted Incorporated lists annual tax levies for the equipment certificates of $67,793- $133,647 payable 2007-2010 which are required to finance the principal and interest payments. - • 111 - I • -• 2 1 • - a - . . - 0 - • 4 • - off so •- • 2 — • — Is approval for the sale of $290,000 General Obligation Equipment Certificates, (3) authorize the appropriate budget changes and a transfer of $40,516.83 from the General Fund to the project fund to finance 2004 equipment purchases and (4) schedule a special Council meeting at 5:00 p.m. • Thursday, March 23 for a bid award on the bond issue and equipment certificates. PAR NANCEMORMPERK06BONDS1 nri nq ed February 16, 2006 Mr. Dan Faust Finance Director City of Maplewood 1830 East County Road B Maplewood, MN 55109-2797 Re: Recommendations for the Issuance of: Springsted Incorporated 380 Jackson Street, Suite 300 Saint Paul, IVIN 55101-2887 Tel: 651-223-3000 Fax: 651-223-3002 www.springsted.com $6,085,000 General Obligation Improvement Bonds, Series 2006A $290,000 General Obligation Equipment Certificates of Indebtedness, Series 20068 Dear Mr. Faust: We have enclosed an electronic copy of our recommendations for the above-captioned issues for distribution to Council members and City staff prior to your meeting on Monday, February 27, 2006. We have also enclosed under separate cover contract amendment for services relating to arbitrage/re bate to include these issues. If the City wishes to continue to engage Springsted for this service for the new issues, please sign the amendment and return it to us. If you should have any questions pertaining to the enclosed documents, or if you require additional copies, please do not hesitate to contact us. Sincerely, Christine M. Hogan Project Manager ss Enclosures Recommendations M $6,085,000 General Obligation Improvement Bonds, Series 2006A $290,000 General Obligation Equipment Certificates of Indebtedness, Series 2006E Presented to: Mayor Robert Cardinal Members, City Council Mr. Richard Fursman, City Manager Mr. Dan Faust, Finance Director City of Maplewood 1830 East County Road B Maplewood, MN 55109-2797 Study No.: M1408Q2R2 SPRINGSTED Incorporated February 16, 2006 Sprincjsted a] RECOMMENDATIONS Re: Recommendations for the Issuance of: $6,085,000 General Obligation Improvement Bonds, Series 2006A (the "Bonds") $290,000 General Obligation Certificates of Indebtedness, Series 20068 (the "Certificates") (together referred to as the "Issues" or "Obligations") We respectfully request your consideration of our recommendations for the above-named Issues. We recommend the following for the Obligations: Action Requested To establish the date and time of receiving bids and establish the terms and conditions of the offerings. 2. 3. 4. 61 Sale Date and Time Thursday, March 23, 2006 at 10:00 A.M., with consideration for award by the City Council at 5:00 P.M. that same day. Method of Sale The Issues will be sold through a competitive bidding process. In the interest of obtaining as many bids as possible, we have included a provision in the attached Terms of Proposal for underwriters to submit their bid electronically through the electronic bidding platform of PARTY ®. In addition, physical bids (by phone or fax) will be accepted at the offices of Springsted. Authority for the Obligations The Obligations are being issued pursuant to Minnesota Statutes, Chapters 475. The Bonds are further authorized pursuant to Minnesota Statutes, Chapter 429. The Certificates are further authorized pursuant to Minnesota Statutes, Section 412.301. Repayment Term The Bonds will mature annually August 1, 2007 through 2026. Interest will be payable semi-annually each February 1 and August 1, commencing February 1, 2007. The Certificates will mature annually August 1, 2007 through 2011. Interest will be payable semi-annually each February 1 and August 1, commencing February 1, 2007. A City of Maplewood, Minnesota February 16, 2006 6. Security and Source of Payment (a) Security The Obligations are general obligations of the City secured by its full faith and credit and taxing power. (b) Payment Source The Bonds will be repaid with a combination of special assessments and ad valorem property taxes. The Certificates will be repaid with ad valorem property taxes. 7. Prepayment Provisions The City may elect on August 1, 2016, and on any date thereafter, to prepay the Bonds due on or after August 1, 2017 at a price of par plus accrued interest. Due to their short duration, the Certificates will not be subject to prepayment prior to their stated maturity. 8. Term Bonds We have included a provision for the Bonds that permits the underwriters to combine multiple maturity years into a term bond, subject to mandatory redemption on the same maturity schedule provided in the Terms of Proposal. The advantage to the underwriter is that it provides large blocks of bonds, which are more attractive to bond funds, and certain pension funds, which deal only with large blocks of bonds. This in turn is a benefit to the City since selling larger blocks of bonds reduces the risk to the underwriter, allowing them to lower their costs and the interest coupons. Since the Bonds are being offered on a competitive bid basis and awarded on the lowest true interest cost, the City will award the Bonds to the best bid regardless of whether term bonds are chosen or not. Due to their short duration, term bonds will not be permitted for the Certificates. 9. Credit Rating Comments An application will be made to Moody's Investors Service for ratings on the Obligations. The City's outstanding general obligation debt is currently rated "Aa2 ;I . Page 2 City of Maplewood, K1inneG0ta February 16, 2006 10. Federal Tax' Exempt Obligations kA Bank Qualification Under Federal Tax Law, financial institutions cannot deduct from income for federal income tax purposes, expense that is allocable k] carrying andaCqU|hOgtaX- exe0pdbOOdS. There iSGO exemption h3 this for "bank qualified" bonds, which can b8SO designated ifthe issuer does not issue more than $1U million nftax exempt obligations in8 calendar year. Issues that are bank qualified generally receive slightly lower interest rates than issues that are not bank qualified. Since the City does not expect 0J issue more than $1Umillion {f tax-exempt obligations iO2O08 the Issues will be designated 8S bank qualified. 0d Rebate Requirements All tax-exempt issues are subject t0the federal arbitrage and rebate requirements, which require all excess earnings created bv the financing k}b8rebated k) the U.8. Treasury. The requirements generally cover two categories: bond proceeds and debt service funds. There are exemptions from rebate that may apply in both U[ these categories. There are exemptions to rebate if the proceeds of the Bonds and Certificates are spent iO accordance with one [f the applicable expenditure exemptions. Proceeds used for construction purposes may qualify for the 0'0OO8h 18'0OOth.Or24'0OOUhexpenditure exCeDUOOS. Proceeds used t0purchase equipment may qualify for either the 8-m0nkhor18-m0nth expenditure exceptions tnrebate. Kis our understanding that the City expects b}spend the proceeds Of the Bonds within 24fO0OthSand proceeds nf the Certificates within 18-0Vnths. Although the City expects k) meet aDexpenditure exemption for the Bonds and Certificates, itiS important k> note that the expenditure exemptions are 8O actual test and not one Ofexpectations, Spr|Dgsted currently provides arbitrage and rebate services Nthe City. A contract amendment adding the Obligations has been forwarded hO City staff. Page City of Maplewood, Minnesota February 16, 2006 (c) Bona Fide Debt Service Fund The City must maintain a bona fide debt service fund for the Bonds or be subject to yield restriction. This requires restricting the investments held in the debt service fund to the yield on the Bonds. A bona fide debt service fund is a fund for which there is an equal matching of revenue to debt service expense, with carry over permitted equal to the greater of the investment earnings in the fund for the prior year or 1/12 the debt service of the prior year. Additional diligence should be exercised in monitoring the debt service fund for the Bonds due to the potential accumulation of assessment prepayments, which could cause the debt service fund on the Bonds to become non-bona fide. (d) Economic Life The average life of the Obligations cannot exceed 120% of the economic life of the projects to be financed. The proceeds of the Bonds will be used to finance street improvements which have an economic life of at least 20 years, The average life of the Bonds is 11.945 years. The proceeds of the Certificates will be used to purchase equipment which has an economic life of 6 years. The average life of the Certificates is 3.454 years. Therefore the Issues are within the economic life requirements. (e) Federal Reimbursement Regulations 11. Continuing Disclosure Federal reimbursement regulations require the City to make a declaration, within 60 days of the actual payment, of its intent to reimburse itself from expenses paid prior to the receipt of Issue proceeds. It is our understanding the City has taken whatever actions are necessary to comply with the federal reimbursement regulations in regards to the Issues. The Obligations are subject to continuing disclosure requirements set forth by the Securities and Exchange Commission (SEC). The SEC rules require the City to undertake an annual update of certain Official Statement information and report any material events to the national repositories. In the past, the City has indicated that it will manage its own continuing disclosure matters. We understand that the City will continue that practice with these Issues. Page 4 City of Maplewood, Minnesota February 16, 2006 12. Attachments The Bonds • Sources and Uses • Assessment Income Schedule • Debt Service Schedule • Terms of Proposal The Certificates • Sources and Uses Debt Service Schedule Terms of Proposals 11 &ifllml W ki The Bonds Proceeds of the Bonds will be used to finance the following three projects: (i) County Road D East, (ii) County Road D West, and (iii) Kenwood Area Neighborhood streets. The sources and uses of funds for the Bonds are shown on page 7. In addition to the bond proceeds, cash contributions totaling $899,235 will be used to pay for a portion of the improvement projects. The Bonds will be repaid with a combination of special assessments and ad valorem property taxes. Assessments in the principal amount of $1,575.458 will be filed on or about October 1, 2006. The interest rate charged on the unpaid balance of assessments is 5.9%. All assessments have been structured with equal annual principal payments over a term of 15 years. The projected assessment schedule is shown on page 8. Based on projected assessment income, it is expected that the City will be required to levy ad valorem taxes to pay a portion of the debt service on the Bonds. The City will make its first levy for the Bonds in 2006 for collection in 2007. The February 1, 2007 interest payment and a portion of the August 1, 2007 principal and interest payment will be paid for with a cash transfer from the City's general fund. The first levy collection received in 2007 will be used to reimburse the City's general fund. The remaining portion of the 2007 collections will be used to pay the February 1, 2008 interest payment and the August 1, 2008 principal and interest payment on the Bonds. Thereafter, each year's collection of taxes and assessments will be in an amount sufficient to pay the February 1, interest payment and the August 1 principal and interest payment in the year following collection. The Bonds have been structured around the projected assessment income with a level annual tax levy requirement over a term of 20 years. The average annual levy requirement for the Bonds will be approximately $380,190 starting in levy year 2007. The principal structure for the Bonds is shown on page 9. Page 9 shows the following information: • Columns 1 through 4 show the principal maturity dates, the annual principal payments, estimated interest rates and projected total principal and interest payments, given the current market environment. Page 5 City of Maplewood, Minnesota February 16, 2006 • Column 5 shows the 5% overlevy which is required by State statutes and serves as a protection to bondholders and the City in the event of delinquencies in the collection of assessments or taxes. # Column 6 shows the projected assessment income developed on page 8. • Column 7 shows the tax levy requirement for the Bonds, which represents the difference between the projected assessment income and 105% of debt service, # Column 8 shows the year which the levy needs to be certified in order to pay the levy requirement on the Bonds. The Certificates The proceeds of the Certificates will be used to finance the acquisition of 800 MHz radios for the City's Police and Fire Departments. Minnesota Statutes, Section 412.301, specifies that the City may issue certificates of indebtedness without exposure to a petition requirement calling for a referendum if the total amount of the issue does not exceed 1/4 of 1% of the market value of the taxable property in the City. Based on the City's 2004/05 taxable market value of $3,117,413,900, this represents a maximum issue size of $7,793,535. This issuance of $290,000 is within that limitation and is not subject to taxpayer petition for a referendum.* The Certificates will be repaid with ad valorem tax levies. The City will make its first levy in 2006 for collection in 2007 in amount sufficient to pay the February 1, 2007 through August 1, 2008 debt service payments. The February 1, 2007 interest payment and a portion of the August 1, 2007 principal and interest payment will be paid for with a cash transfer from the City's general fund. The first levy collection received in 2007 will be used to reimburse the City's general fund. The remaining portion of the 2007 collections will be used to pay the February 1, 2008 interest payment and the August 1, 2008 principal and interest payment on the Certificates. Thereafter, each year's collection of taxes will be in an amount sufficient to make the February 1 interest payment and the August 1 principal and interest payment in the year following collection. The sources and uses of the Certificates are shown on page 10. The debt service schedule for the Certificates is shown on page 11. The Certificates are structured with even annual debt service payments over a term of five years as directed by City staff. *At the time this document was drafted the taxable market value for 200512006 was not available; therefore the taxable market value for 200412005 was used. Based on this value, the Certificate size of $290,000 is well below the maximum issue size allowed. Assuming that the 2005/2006 taxable market value is larger than the 2004/2005 value, the Certificates will satisfy the limitation under the statute. Springsted will verify this once the 200512006 taxable market value is available. Springsted Incorporated is pleased to again be of service to the City of Maplewood. Respectfully submitted, SPRINGSTED Incorporated ss Provided to Staff: Rebate Contract Amendment Page 6 1 0 City nfMaplewood, Minnesota General Obligation Improvement Bonds Series 2006A Sources & Uses Dated 04/@1/2006| Delivered 04/01/2006 Sources Of Funds PaAmounofBondo------------------------------------------------ $6,085,080{0 SoweFvndTransfec-------------------------------------------------- 443,24500 Environmental Utility Fund Tmnsfec .... -------................... -----------------------.......... 383.580.00 vvAoFundTransfec --------------------------------------------------. 80.08010 Costsof Issuance ........................................................................................................................................................... 38,430,00 Uses Of Funds KonwongAmomeigxUomooUGtreeto -----------------------------------------. 4,727.140,00 CountyRoad D East. .... ................................................................................ --.............. -----------.... 1,671,538.00 County Road DWest .-------------------------------------------------' 488,54410 Total Underwriter's Discount (1.2o0%) .... --............................................................................................................... 78.082.e0 Costsof Issuance ........................................................................................................................................................... 38,430,00 Rounding Amount 2,520,50 x=e,200611pp.="="m/m^cuFURFoST/211+12006/8:57Am, 1,575,458 City of Maplewood, Minnesota General Obligation Improvement Bonds, Series 2006A Assessment Income ASSESSMENT INCOME Date Principal Coupon Interest Total P +1 12/31/2006 - - - 12/31/2007 1 05,030.54 5.900% 116,190.03 221,220.57 12/31/2008 105,030.54 5.900% 86,755.22 191, 785.76 12/31/2009 105,030.54 5.900% 80,558.42 185, 588.96 12/31/2010 105,030.54 5.900% 74,361.62 179, 392.16 12/31/2011 105,030.54 5.900% 68,164.81 173,195.35 12/31/2012 105,030.53 5.900% 61,968.01 166, 998.54 12/31/2013 105,030.53 5.900% 55,771.21 160,801.74 12/31/2014 105,030.53 5.900% 49,574.41 154,604.94 12/31/2015 105,030.53 5.900% 43,377.61 148,408.14 12/31/2016 105,030.53 5.900% 37,180.81 142,211.34 12/31/2017 105,030.53 5.900% 30,984.01 136,014.54 12/31/2018 105,030.53 5.900% 24,787.21 129,817.74 12/31/2019 105,030.53 5.900% 18,590.40 123,620.93 12/31/2020 105,030.53 5.900% 12,393.60 117,424.13 12/31/2021 105,030.53 5.900% 6,196.80 111,227.33 Total $1,575,458.00 - $766,854.17 $2,342,312.17 SIGNIFICANT DATES FilingDate .......................................................................................................................................... ............................... 10/01/2006 FirstPayment Date ............................................................................................................................ ............................... 12/31/2007 Senes2006Assessrnentr / SINGLEPURFOSE / 217412006 / 1:41FAI cl' is Page 8 12 , ;16,085,000 City of Maplewood, Minnesota General Obligation Improvement Bonds Series 2006A NET DEBT SERVICE SCHEDULE Date Principal (1) coupon (2) Interest (3) Total P +I (4) 105% of Total (5) Assessment (6) Levy Required * (7) Levy Year (8) 0810112006 - - - - - ............................... 4.3826565% TrueInterest Cost ( TIC) ............................................................................................................. - 0810112007 35,000.00 3.350% 336,110.00 371,110.00 389,665.50 - ........... ........... ................ ........ 4.2780146% WeightedAverage Maturity ........................................................................................................ 0810112008 35,000.00 3.450% 250,910.00 285,910.00 300,205.50 221,220.57 468,650.43 2006 0810112009 295,000.00 3.550% 249,702.50 544,702.50 571,937.63 191,785.76 380,151.87 2007 0810112010 300,000.00 3.600% 239,230.00 539,230.00 566,191.50 185,588.96 380,602.54 2008 0810112011 305,000.00 3.700% 228,430.00 533,430.00 560,101.50 179,392.16 380,709.34 2009 0810112012 310,000.00 3.800% 217,145.00 527,145.00 553,502.25 173,195.35 380,306.90 2010 0810112013 315,000.00 3.900% 205,365.00 520,365.00 546,383.25 166,998.54 379,384.71 2011 0810112014 325,000.00 4.000% 193,080.00 518,080.00 543,984.00 160,801.74 383,182.26 2012 0810112015 330,000.00 4.050% 180,080.00 510,080.00 535,584.00 154,604.94 380,979.06 2013 0810112016 335,000.00 4.100% 166,715.00 501,715.00 526,800.75 148,408.14 378,392.61 2014 0810112017 345,000.00 4.150% 152,980.00 497,980.00 522,879.00 142,211.34 380,667.66 2015 08/0112018 355,000.00 4.200% 138,662.50 493,662.50 518,345.63 136,014.54 382,331.09 2016 0810112019 360,000.00 4.250% 123,752.50 483,752.50 507,940.13 129,817.74 378,122.39 2017 0810112020 370,000.00 4.300% 108,452.50 478,452.50 502,375.13 123,620.93 378,754.20 2018 08/0112021 380,000.00 4.350% 92,542.50 472,542.50 496,169.63 117,424.13 378,745.50 2019 0810112022 395,000.00 4.400% 76,012.50 471,012.50 494,563.13 111,227.33 383,335.80 2020 0810112023 305,000.00 4.450% 58,632.50 363,632.50 381,814.13 - 381,814.13 2021 0810112024 315,000.00 4.500% 45,060.00 360,060.00 378,063.00 378,063.00 2022 0810112025 330,000.00 4.550% 30,885.00 360,885.00 378,929.25 378,929.25 2023 0810112026 345,000.00 4.600% 15,870.00 360,870.00 378,913.50 378,913.50 2024 Total $6,085,000.00 - $3,109,617.50 $9,194,617.50 $9,654,348.38 $2,342,312.17 $7,312,036.21 *2006 Levy will be the debt service due on 211107, 811107, 211108, and 811108 in the total amount of $468,650.43 Dated......................................................................................................................................... ............................... 410112006 DeliveryDate .............................................................................................................................. ............................... 410112006 FirstCoupon Date ...................................................................................................................... ............................... 210112007 Yield Statistics BondYear Dollars ...................................................................................................................... ............................... $72,688.33 AverageLife ............................................................................................................................... ............................... 11.945 Years AverageCoupon ........................................................................................................................ ............................... 4.2780146% NetInterest Cost ( NIC) ............................................................................................................... ............................... 4.3826565% TrueInterest Cost ( TIC) ............................................................................................................. ............................... 4.3923879% Bond Yield for Arbitrage Purposes ............................................................................................. ............................... 4.2522949% All Inclusive Cost ( AIC) ............................................................................................................... ............................... 4.4641142% IRS Form 8038 NetInterest Cost... ........... ............................ ........... ........... ................ ........... ........... ........... ................ ........ 4.2780146% WeightedAverage Maturity ........................................................................................................ ............................... 11.945 Years Series 20061mprovea t R 1 67N61X PI.RPOSE 1 211912006 1 8:53 Al Page 9 13 City of Maplewood, Minnesota General Obligation Equipment Certificates OfIndebtedness Series 2006B Sources & Uses Dated 04/01/2006 1 Delivered 04/01/2006 Sources OfFunds Uses DfFunds Deposit m Project Construction Fund ...................................... ---........ ------------------...... ---... 250.175.00 Costsof Issuance ............ --.......................................... ................................ ---......... —................................ -- 12,39080 Total Underwriter's Discount (1.700%) .------------------------------------------ 4,930.00 m,es2006/ q ujp=eP/o=/xmuo/mRFOSr/ 21/+2006/ *wav Page 10 14 $290,000 City of Maplewood, Minnesota General Obligation Equipment Certificates of Indebtedness Series 2006B DEBT SERVICE SCHEDULE Date Principal Coupon Interest Total P +I 105% Levy * Lev Year 08/0112006 - - - - AverageCoupon ................................................................................................................................................... - 08/01/2007 50,000.00 3.350% 13,690.00 63,690.00 ............................... 3.5811578% AllInclusive Cost ( RIG) .......................................................................................................................................... 08/0112008 55,000.00 3.450% 8,592.50 63,592.50 133 2006 08/01/2009 60,000.00 3.550% 6,695.00 66,695.00 70,029.75 2007 08/0112010 60,000.00 3.600% 4,565.00 64,565.00 67,793.25 2008 08/01/2011 65,000.00 3.700% 2,405.00 67,405.00 70,775.25 2009 Total $290,000.00 - $35,947.50 $325,947.50 $342,244.88 2006 Levy will be the debt service due on 2/1/07, 8/1107, 2/1/08, and 811108 in the total amount of $133,646.63. SIGNIFICANT DATES Dated .................................................................................................................................................................... ............................... 4/01/2006 DeliveryDate ......................................................................................................................................................... ............................... 4/01/2006 FirstCoupon Date ................................................................................................................................................. ............................... 2/01/2007 Yield Statistics BondYear Dollars ................................................................................................................................................. ............................... $1,001.67 AverageLife .......................................................................................................................................................... ............................... 3.454 Years AverageCoupon ................................................................................................................................................... ............................... 3.5887687 NetInterest Cost ( NIC) .......................................................................................................................................... ............................... 4.0809484 TrueInterest Cost ( TIC) ........................................................................................................................................ ............................... 4.1188881 Bond Yield for Arbitrage Purposes ........................................................................................................................ ............................... 3.5811578% AllInclusive Cost ( RIG) .......................................................................................................................................... ............................... 5.5276476 IRS Form 8038 NetInterest Cost ................................................................................................................................................... ............................... 3.5887687 WeightedAverage Maturity ................................................................................................................................... ............................... 3.454 Years Interest rates are estimates. Changes in rates may cause significant alterations to this schedule. The actual underwriter's discount bid may also vary. Series 2006F,q�+iprnenl Gar / SWGUFURAISL / ?!1412006 / 1:44PM SP r i gqs d Page 11 15 THE CITY HAS AUTHORIZED SPRUNGSTEDUNCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL CITY OF MAPLEWOOD,A0UNNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2006A Proposal for the Bonds will b8 received 0n Thursday, March 23 until 1O:OOA.k8,Central TiQn8 at the OffiDSS Of SphDgSt8d Incorporated, 380 Jackson Sbreet, Suite 300, Saint Paul, K8inneaot8, after which time they will be opened and tabulated. Consideration for award of the Bonds will b8by the City Council @t5:OOP.K8.. Central Time, Of the same day. SohngstGd will osSUmS OO liability for the inability of the bidder h3 reach Spri ngsted pr t0 the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute G contract between the bidder and the City t0 pUPChGS9 the Bonds nSg8Pd|8Ss of the manner in which the Proposal iasubmitted. (a) Sealed Bidding. Proposals may be submitted in 8 sealed envelope or by fax (551)223-3046 t0 Sphngst8d. Si Prop0s8S, without final phC8 or cOUpODs may be submitted to Gphngsted prior to the time of sale. The bidder shall be responsible for submitting to SpringstRd the final PnOpOa8| phC8 and COUpODS, by b3|SphODS (051) 223-300O or fax (851) 223-3048 for inclusion in the submitted Proposal. (b) Electronic Bidding. Notice is hereby given that electronic proposals will be received vi P/\R|T7 F0[ purpOses ofthe 8ksCtnJniC bidding pnJC83s the time 83 maintained by PARITY shall constitute the official time with respect to all Bids submitted to PARITY Each bidder shall be o0/e/v responsible for making necessary arrangements f0 access P4R/T for purposes of submitting its electronic Bid in a timely manner and in C0Dp&snCe with the requirements of the Terms 0fP Neither the City, its agents nor PAF<|TYv� ° shall have any duty Or obligation tO undertake registration to bid for any prospective bidder or to provide or ensure electronic access to any qualified prospective bidder, and neither the City' its @g8Dta nor PAR|T« shall be responsible for a bidder's failure to register to bid or for any t3i|Une in the proper operation Of. Or have GDy liability for any delays or interruptions of or any damages ooUSed by the S9n/inRs of P4[�|T»� The City is using the services ofPAR|Tv as a communication mechanism to conduct the electronic bidding for the Bonds, and PAF<|.. �v iS not 8O agent Of the City. If any provi of this Terms of PrOooye| conflict with information provided by P/\R|Tv this Terms 0f Proposal shall control. Further information about PAR|lY including any fee charged, may be obtained from: PAR|TY Broadway, 2 nd Floor, New York, New York 10018 Customer Support: (212) 849-5000 Page ~ 16 DETAILS OF THE BONDS The Bonds will be dated April 1, 2006, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 2007. Interest will be computed on the basis of a 360 -day year of twelve 30 -day months. The Bonds will mature August 1 in the years and amounts as follows: 2007 $ 35,000 2012 $310,000 2017 $345,000 2022 $395,000 2008 $ 35,000 2013 $315,000 2018 $355,000 2023 $305,000 2009 $295,000 2014 $325,000 2019 $360,000 2024 $315,000 2010 $300,000 2015 $330,000 2020 $370,000 2025 $330,000 2011 $305,000 2016 $335,000 2021 $380,000 2026 $345,000 Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption and must conform to the maturity schedule set forth above at a price of par plus accrued interest to the date of redemption. In order to designate term bonds, the proposal must specify "Years of Term Maturities" in the spaces provided on the Proposal Form. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ( "DTC "), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. The City will name the registrar, which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. The City may elect on August 1, 2016, and on any day thereafter, to prepay Bonds due on or after August 1, 2017. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition, the City will pledge special Page 13 17 assessments against benefited properties. The proceeds will be used to finance v8rk)US Proposals improvement projects within the City. shall be for not |eSS than $6 and accrued interest on the total principal 8nlOuDt of the Bonds. PnDp0SG|a shall be 8CCOOlp8ni8d by 8 Good Faith Deposit ("Deposit") in the form 0f3 certified Or cashier's check or o Financial Surety Bond in the amount of $60.850 payable to the order Ofthe City. If dl8Ck is uSRd, it must accompany the pn]pOSG|. |f8 Financial Surety Bond i3 used, it must befrom an insurance company licensed to issue such a bond in the State OfMinnesota, and pr88ppnJv8d by the City. Such bond must be submitted t0 SpringSted Incorporated prior to the opening of the ppDpOSa|3. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is [8qUin8d to submit its [}Sp0Sit to SpriDgSt8d |OCOrpO[8t8d in the form Of G certified Or cashier's check or wire transfer as instructed by SpringSted Incorporated not later than 3:30 P.M., Central TiQn8 On the next business day following the @vvGnd. If such [)SpOSit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The [}Sp0Sit received from the purchaser, the 8[nOUnt of which will be deducted at Sd±|8nl8Dt and DO interest will 8CorUe to the purChoSer, will be deposited by the Qty. In the event the purchaser fails t0 comply with the oCoSDtad pn]pOSG|. said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, r8C8SS8d. or continued to another date without 8vv8rd of the Bonds having been made. Rates shall be in integral multiples Of5/1000r 1/8Of196. Rates must be in |8v8| or ascending order. Bonds Of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will bRaccepted. The Bonds will be ovvonded on the basis of the lowest interest rate h0 be determined on o true interest COSt /l[|C\ basis. The City's computation Of the iDt8[SSt rate of each pnJpOSo|, in accordance with customary practice, will be controlling. The City will reserve the right b}: /i\vvoive non-substantive informalities of any proposal or of nl8tberS relating h3 the ngD8iDt of pnJpOSG|S and 8vv8rd Of the BODdS. (ii) reject all pnUpOs@|S without cause, and (iii) reject any ppDpOS8| that the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qU8]U» for issuance of any policy of nnUnkcip8| bond insurance or connnndnl8rt therefor at the ODLiVn of the underwriter, the purchase of any such insurance policy or the issuance of any such conlrniirn8nt Sh8|| be at the S0|8 option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the Qh/ has requested and received G rating on the Bonds from 8 rating agency, the City will pay that rating fee. Any other rating agency fees shall bR the responsibility [f the purchaser. Foi|Un8 of the nnUnkcip8| bond insurer to issue the policy after Bonds have been 8vvGnd8d to the purchaser shall not CVnsUiUL8 C8V88 for failure or refusal by the purchaser to 8Cc8DL delivery on the Bonds. CU8|PNUK4BERG If the Bonds qVa|hv for 8sSi0nnl8rd of CU8|P nUnnU9rS such nUnnU9nS will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect Page ~ 18 thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUS|P Service Bureau charge for the assi 0fCUS|Pid8nLific8LionnVnnb8rs shall be paid by the purchaser. SETTLEMENT Within 40 days follow the d8L8 of their 8vv8rd. the Bonds will be delivered without cost to the purchaser through OTC in New York, New York. Delivery will be sub to neCRiDL by the purchaser of8n approving legal Opinion of Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis, K8inn8Gota, and of cUSk}nn8ry closing papers, including 8 no- litigation certificate. On the date of settlement, payment for the Bonds Gh8|| be nn8d8 in federal, 0r equivalent, funds that shall b8 received 8L the offices 0f the City or its designee not later than 12:00 Noon, {|8ntr8| Time. Unless COnnp|i8nC8 with the terms of payment for the Bonds has been nn8d8 impossible by action of the City. or its 80RnLs. the purchaser shall be |i8b|H L0 the City for any |VsS GVff8r8d by the City by reason of the purchaser's non-compliance with said terms for payment. CONTINUING DISCLOSURE On the d8L8 of actual issuance and delivery [fthe Bonds, the {|Uv will execute and deliver 8 Continuing Disclosure Undertaking (th8 "Und8rt8Nng")vvh8n8Und9rthe City will covenant for the benefit of the owners of the Bonds to provide certain financial and other information about the City and notices of certain occurrences to information repositories as specified in and required by SEC RV|8 15c2-12/b\/5\. OFFICIAL STATEMENT The City has authorized the preparation of an Official Si8L8nl8rt containing pertinent information relative to the Bonds, and said Official Statement will S8nxe as 8 nearly final Official 8tat8nn8n0 within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies Cf the C)ffiCi8| Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, SphnQGied Incorporated, 380 Jackson Street, Suite 3OU, Saint Paul, Minnesota 55181, telephone (051)223-3800. The (}ffiCi8| Statement, when further supp by an addendum or addenda specifying the nn8LVritv dates, principal amounts and interest rates of the Bonds, together with any other information required by |8vv, shall constitute 8 "Final {)ffiCi8| Statement" of the City with respect to the Bonds as that L9rnn is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost Lothe senior managing underwriter [f the syndicate to which the Bonds are awarded 258 copies Vfthe Official SL8t8nn8nL and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate LV which the Bonds are awarded 88 its 808nL for pVrp0S8S of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering 8 pn}poS8| with respect to the Bonds 8gr89S thereby that if its pn}p0SG| is accepted by the City /i\iL Sh8|| accept such designation and (ii) it Sh8|| enter into G 0onb8CtVa| relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter 0fthe Final Official Statement. Dated February 27, 2006 BY ORDER OF THE CITY COUNCIL /s/ KGrRnGVilfoi|8 City Clerk P8O�1� ~ 19 THE CITY HAS AUTHORIZED SPRUNGSTEDUNCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $290,000 CITY OF MAPLEWOOD,A0UNNESOTA Proposal GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2006B for the Certificates will be received on Thursday, K88rCh 23, 2008, until 10:00 A.M., CSOtn3| Tinn8 at the OffiCSS of SphOOStSd Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award Of the Certificates will b8by the City Council @t5:OOP.K8.. Central Time, Of the same day. SohngstGd will osSUmS OO liability for the inability of the bidder h3 reach Spri ngsted pr t0 the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute 8 contract between the bidder and the City to pUroh@S8 the Certificates regardless of the manner in which the Proposal i3submitted. (a) Sealed Bidding. Proposals may be submitted in 8 sealed envelope or by fax (551)223-3046 t0 Sphngst8d. Si Prop0s8S, without final phC8 or cOUpODs may be submitted to Gphngsted prior to the time of sale. The bidder shall be responsible for submitting to SpringstRd the final PnOpOa8| phC8 and COUpODS, by b3|SphODS (051) 223-300O or fax (851) 223-3048 for inclusion in the submitted Proposal. (b) Electronic Bidding. Notice is hereby given that electronic proposals will be received vi P/\R|T7 F0[ purpOses ofthe 8ksCtnJniC bidding pnJC83s the time 83 maintained by PARITY shall constitute the official time with respect to all Bids submitted to PARITY Each bidder shall be o0/e/v responsible for making necessary arrangements f0 access P4R/T for purposes of submitting its electronic Bid in a timely manner and in C0Dp&snCe with the requirements of the Terms 0fP Neither the City, its agents nor PAF<|TYv� ° shall have any duty Or obligation tO undertake registration to bid for any prospective bidder or to provide or ensure electronic access to any qualified prospective bidder, and neither the City' its @g8Dta nor PAR|T« shall be responsible for a bidder's failure to register to bid or for any t3i|Une in the proper operation Of. Or have GDy liability for any delays or interruptions of or any damages ooUSed by the S9n/inRs of P4[�|T»� The City is using the services ofPAR|Tv as a communication mechanism to conduct the electronic bidding for the Certificates, and v is not an agent of the City. If any provi of this Terms of PrOooye| conflict with information provided by P/\R|Tv this Terms 0f Proposal shall control. Further information about PAR|lY including any fee charged, may be obtained from: PAR|TY Broadway, 2 nd Floor, New York, New York 10018 Customer Support: (212) 849-5000 Page 16 DETAILS OF THE CERTIFICATES The Certificates will be dated Aoh| 1, 2000, as the date of original issue, and will bear interest payable on February and August 1 of each year, commencing February 1. 2007. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Certificates will mature August 1 in the years and amounts 8sfollows: 2007 $50000 2008 $80000 2011 865000 2008 $55,000 2010 $60,000 BOOK ENTRY SYSTEM The Certificates will beissued by means ofG book entry system with n0 physical distribution of Certificates made to the public. The Certificates will be issued in hJUy n]QiSt8r8d h]rnn and one Certificate, representing the 8QQr8Q8Le principal amount [fthe Certificates rn8LUhn0 in each will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ("[)TC") New York, New York, which will act as securities depository of the Certificates. Individual purchases of the Certificates may be made in the principal amount of $5 any multiple thereof [f8 single maturity through book entries made Vn the books and records ofC)TC and its participants. Principal and interest are payable by the registrar to C)TC or its nominee GS n8giSL8ped owner of the Certificates. Transfer of principal and inL9r8SL payments LV participants of DTC will be the responsibility of [)TC; transfer of principal and intHn8GL payments to beneficial owners by participants will be the responsibility of such participants and other nominees Vf beneficial owners. The purchaser, 8s a condition Cfdelivery of the Certificates, will be required to deposit the Certificates with DTC. REGISTRAR The City will name the registrar, which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. The Certificates will not be subject to payment inadvance of their respective stated maturity dates. SECURITY AND PURPOSE The {|Hrtifit8L8S will be general obi0GLk}nG of the City for which the City will o|8dQ8 its full faith and Credit and power to levy direct general 8d v8|or8nn taxes. The proceeds will be Used to finance the acquisition of equipment for the City's police and fire departments. Proposals shall be for not h*as than $285'070 and accrued interest on the total principal amount of the Certificates. PrOpOS@|S Sh8]| be @CCO[np8Died by G Good Faith Deposit /"[]8pOSb" form of certified Or cashier's check or Financial Surety Bond in the amount of $2,900, payable to the order Ofthe City. If check is USRd. it must accompany the pn]pOSG|. |f8 Financial Surety Bond i3 used, it must befrom an insurance company licensed to issue such a bond in the State OfMinnesota, and pr88ppnJv8d by the City. Such bond must be submitted t0 SpringSted Incorporated prior to the opening of the ppDpOSa|3. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Certificates are awarded to an underwriter using a Financial Surety Bond, then that purchaser is [8qUin8d to submit its [}Sp0Sit to SpriDgSt8d |OCOrpO[8t8d in the form Of G certified Or cashier's check or wire transfer as instructed by SpringSted Incorporated not later than 3:30 P.M., Central Page ~ 21 Time, on the next business day following the award. If such Depo isnot received by that Unn8. the Financial Surety Bond may be drawn by the City to satisfy the O8poSd requirement. The Deposit received from the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser, will be deposited by the City. In the event the purchaser fails to comply with the accepted pn]pOs8|. said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for avv8nd of the Certificates i8 adioVrned, recessed, or continued to another date without 8vv8nd of the Certificates having been rn8d8. Rates shall be in integral nnu|Up|8s of 5/100 Or 1/8 Of 196. Rates nnUSt be in |9v9| or ascending order. Certificates of the s8nn8 rn8tVrih/ shall bear a SinQ|8 n8L8 from the date of the Certificates to the d8L8 of maturity. No conditional proposals will beaccepted. F-1 V� The Certificates will be 8vvord8d On the basis of the |Ovv8St iDbar8at n3be h3 be d9t8Q0iOmd OD G true interest o0St (F|[}) basis. The City's computation of the interest rate of each pnnpoao|. in accordance with customary practice, will be controlling. The City will rRSRme the right to: /i\vv8ivS non-substantive informalities of any pnJpOS8| Or Of nn8Uera relating to the receipt of proposals and 8vvand of the Certificates, (ii) reject all proposals without cause, and (iii) reject any proposal that the City determines t0 have failed to comply with the terms herein. If the Certificates qualify for assignment of CUSIP numbers such numbers will be printed on the Certificates, but neither the failure to print such numbers on any Certificate nor any error with [8SpSCt Ul8r9t0 will constitute C8USG for failure or refusal by the purchaser to @CCRot delivery Of the Certificates. The CUS|F` Service Bureau charge for the assignment ofCUS|P identification numbers shall be paid by the purchaser. Within 40 days follow the date of their award, the Certif will be delivered without cost to the purchaser through [}TC in New York, New York. Delivery will be SUhieSt to receipt by the purchaser Of@D approving |8g@| opinion Of Briggs and WYOrg@O PrOf8SSiOn8| /\SaOCi8tiOD. Of Saint Paul and Minneapolis, K8inD83Oto, and of customary closing papers, including o no- litigation certificate. On the date of settlement, payment for the Certificates Sh@|| be nl@dR in federal, or equivalent, funds that aho|| be received at the offices of the City orits designee not later than 12:00 Noon, Central Time. UD|8aS COnlp|i8nnR with the t8rQna of payment for the Certificates has been made impossible by action of the City. Or its agents the purchaser shall be |i@b|R to the City for any |OSS Suff8F8d by the City by PSGS0D Of the purchaser's non- compliance with said terms for payment. CONTINUING [}|G[}k3SURE On the date of actual issuance and deli of the Certificates, the City will execute and deliver 8 Continuing 0iSdOSUnR Undertaking (th8 "Und8dGking")vvhRreuDd8rthe City will covenant for the benefit of the owners Of the Certificates t0 provide certain financial and Other information about the City and notices of certain occurrences to iDfOr[n@ti0O n8pOSih3hRs GS specified in and required by SEC Rule 15c2-12(b)(5). OFFICIAL STATEMENT The City has authorized the preparation ofon Official Statement containing pertinent information relative to the Certificates, and said Official Statement will serve as a nearly final Official Page 18 Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official SL8L8nn8rt or for any additional information prior [0 s8|8. any prospective purchaser |8 referred to the Financial Advisor to the City, GphnQst8d Incorporated, 380 Jackson Street, Suite 30U Saint Paul, Minnesota 551O1 telephone (851) 223'3O0O. The (]ffi[j8| 8LGL8nn8nL when further supplemented by an addendum or addenda specifying thR maturity dates, principal annOUntS and interest rates of the Certificates, together vvhh any other inhJnn8U0n required by |8vv. Gh8|| constitute 8 "Final Official Statement" of the C|h/ with respect to the Certificates, 8s that term is defined in RV|8 15C2-12. By awarding the Certificates to any underwriter or underwriting syndicate submitting G pn]p0s8| therefor, the City agrees that, no more than seven business days after the date of such avv8nj, it shall provide without cost tnthe senior managing underwriter of the syndicate to which the Certificates are awarded 50 copies of the Official Statement and the addendum Vr addenda described above. The City designates the senior managing underwriter of the syndicate to which the Certificates are awarded as its agent for purposes Of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering 8 pn]p0s8| with respect LV the Certificates agrees thereby that if its pn}pVs8| is accepted by the City /i\ it shall accept such designation and (ii) it shall enter into 8 contractual relationship with all Participating Underwriters 8fthe Certificates for pUrpVG8G of assuring the receipt by each such Participating Underwriter of the Final [)fhCi8| Statement. Dated February 27, 2006 BY ORDER OF THE CITY COUNCIL /s/ KGrRnGViUni|8 City Clerk Page 19 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA HELD: FEBRUARY 27, 2006 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Maplewood, Ramsey County, Minnesota, was duly held at the City Hall on February 27, 2006, at o'clock _.M. for the purpose in part of authorizing the competitive negotiated sale of the $6,085,000 General Obligation Improvement Bonds, Series 2006A. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $6,085,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2006A A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City "), has heretofore determined that it is necessary and expedient to issue $6,085,000 General Obligation Improvement Bonds, Series 2006A (the 'Bonds "), to finance various improvement projects within the City; and B. WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota ( "Springsted "), as its independent financial advisor and is therefore authorized to sell these obligations by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. Authorization The City Council hereby authorizes Springsted to solicit proposals for the competitive negotiated sale of the Bonds. 2. Meeting; Proposal Opening This City Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering proposals for, and awarding the sale of, the Bonds. The proposals shall be received at the offices of Springsted and shall be opened at the time specified in such Terms of Proposal. 3. Terms of Proposal The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby approved and made a part hereof. 4. Official Statement In connection with the sale, the City Clerk, Mayor and other officers or employees of the City are hereby authorized to cooperate with Springsted and 1875376v1 24 participate in the preparation of an official statement for the Bonds, and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by member and, after full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. 1875376v1 2 25 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD I, the undersigned, being the duly qualified and acting City Clerk of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council duly called and held on the date therein indicated, insofar as such minutes relate to the City's $6,085,000 General Obligation Improvement Bonds, Series 2006A. WITNESS my hand on February 27, 2006. City Clerk 1875376v1 .5 26 iai:11aIIM TERMS OF PROPOSAL $6,085,000 CITY OF • i i MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2006A Proposals for the Bonds will be received on Thursday, March 23, 2006, until 10:00 A.M., Central Time, at the offices of Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 5 :00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner in which the Proposal is submitted. (a) Sealed Bidding. Proposals may be submitted in a sealed envelope or by fax (651) 223 -3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223 -3000 or fax (651) 223 -3046 for inclusion in the submitted Proposal. I' (b) Electronic Bidding. Notice is hereby given that electronic proposals will be received via PARITY R . For purposes of the electronic bidding process, the time as maintained by PARITY shall constitute the official time with respect to all Bids submitted to PARITY ° . Each bidder shall be solely responsible for making necessary arrangements to access PARITY, for purposes ofsubmitting its electronic Bid in a timely manner and in compliance with the requirements of the Terms of Proposal. Neither the City, its agents nor PARITY shall have any duty or obligation to undertake registration to bid for any prospective bidder or to provide or ensure electronic access to any qualified prospective bidder, and neither the City, its agents nor PARITY shall be responsible for a bidder's failure to register to bid or for any failure in the proper operation of, or have any liability for any delays or interruptions of or any damages caused by the services of PARITY. The City is using the services of PARITY solely as a communication mechanism to conduct the electronic bidding for the Bonds, and PARITY is not an agent of the City. If any provisions of this Terms of Proposal conflict with information provided by PARITY`, this Terms of Proposal shall control. Further information about PARITY including any fee charged, may be obtained from: 1875376v1 A- I 27 PARITY, 1359 Broadway, 2 Floor, New York, New York 10018 Customer Support. (212) 849 -5000 7lIIIT- i1rl.Y!]��:hIT�1�1�7.y The Bonds will be dated April 1, 2006, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 2007. Interest will be computed on the basis of a 360 -day year of twelve 30 -day months. The Bonds will mature August 1 in the years and amounts as follows; 2007 $ 35,000 2012 $310,000 2017 $345,000 2022 $395,000 2008 $ 35,000 2013 $315,000 2018 $355,000 2023 $305,000 2009 $295,000 2014 $325,000 2019 $360,000 2024 $315,000 2010 $300,000 2015 $330,000 2020 $370,000 2025 $330,000 2011 $305,000 2016 $335,000 2021 $380,000 2026 $345,000 Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption and must conform to the maturity schedule set forth above at a price of par plus accrued interest to the date of redemption. In order to designate term bonds, the proposal must specify "Years of Term Maturities" in the spaces provided on the Proposal Form. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ( "DTC "), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC, transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. The City will name the registrar, which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. The City may elect on August 1, 2016, and on any day thereafter, to prepay Bonds due on or after August 1, 2017. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to 1875376v1 A -2 28 be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefited properties. The proceeds will be used to finance various improvement projects within the City. MVAa We] a9 me] 03.Y�1IW Proposals shall be for not less than $6,008,938 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ( "Deposit ") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $60,850, payable to the order of the City. If a check is used, it must accompany the proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The Deposit received from the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser, will be deposited by the City. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 51100 or 1/8 of I %. Rates must be in level or ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non - substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and (iii) reject any proposal that the City determines to have failed to comply with the terms herein. 1 0 , 1610 1716ML �[ 1'r/�111�1�17f1:�_fy l7f.Yi]�I11[�] I If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the 1875376v1 A -3 29 issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis, Minnesota, and of customary closing papers, including a no- litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds that shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Bonds has been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non - compliance with said terms for payment. CONTINUING DISCLOSURE On the date of actual issuance and delivery of the Bonds, the City will execute and deliver a Continuing Disclosure Undertaking (the "Undertaking ") whereunder the City will covenant for the benefit of the owners of the Bonds to provide certain financial and other information about the City and notices of certain occurrences to information repositories as specified in and required by SEC Rule 15e2- 12(b)(5). OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly final Official Statement within the meaning of Rule 15e2 -12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota 55101, telephone (651) 223 -3000. 1875376v1 A -4 30 The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2 -12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 85 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated February 27, 2006 BY ORDER OF THE CITY COUNCIL /sl Karen Guifoile City Clerk 1875376v1 A -5 31 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA HELD: FEBRUARY 27, 2006 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Maplewood, Ramsey County, Minnesota, was duly held at the City Hall on February 27, 2006, at o'clock _.M. for the purpose in part of authorizing the competitive negotiated sale of the $290,000 General Obligation Equipment Certificates of Indebtedness, Series 2006B. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $290,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2006B A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City "), has heretofore determined that it is necessary and expedient to issue $290,000 General Obligation Equipment Certificates of Indebtedness, Series 2006B (the "Certificates "), to finance the acquisition of equipment for the City's police and fire department; and B. WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota ( "Springsted "), as its independent financial advisor and is therefore authorized to sell these obligations by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. Authorization The City Council hereby authorizes Springsted to solicit proposals for the competitive negotiated sale of the Certificates. 2. Meeting; Proposal Opening This City Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering proposals for, and awarding the sale of, the Certificates. The proposals shall be received at the offices of Springsted and shall be opened at the time specified in such Terms of Proposal. 3. Terms of Proposal The terms and conditions of the Certificates and the negotiation thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby approved and made a part hereof. 1875387v1 32 4. Official Statement In connection with the sale, the City Clerk, Mayor and other officers or employees of the City are hereby authorized to cooperate with Springsted and participate in the preparation of an official statement for the Certificates, and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by member and, after full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. 1875387v1 2 33 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD I, the undersigned, being the duly qualified and acting City Clerk of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council duly called and held on the date therein indicated, insofar as such minutes relate to the City's $290,000 General Obligation Equipment Certificates of Indebtedness, Series 2006B. WITNESS my hand on February 27, 2006. City Clerk 1875387v1 .5 34 iai:11aIIM TERMS OF PROPOSAL $290,000 CITY OF iii MINNESOTA 'GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2006B Proposals for the Certificates will be received on Thursday, March 23, 2006, until 10:00 A.M., Central Time, at the offices of Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Certificates will be by the City Council at 5 :00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Certificates regardless of the manner in which the Proposal is submitted. (a) Sealed Bidding. Proposals may be submitted in a sealed envelope or by fax (651) 223 -3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223 -3000 or fax (651) 223 -3046 for inclusion in the submitted Proposal. I' (b) Electronic Bidding. Notice is hereby given that electronic proposals will be received via PARITY R . For purposes of the electronic bidding process, the time as maintained by PARITY shall constitute the official time with respect to all Bids submitted to PARITY ° . Each bidder shall be solely responsible for making necessary arrangements to access PARITY, for purposes ofsubmitting its electronic Bid in a timely manner and in compliance with the requirements of the Terms of Proposal. Neither the City, its agents nor PARITY shall have any duty or obligation to undertake registration to bid for any prospective bidder or to provide or ensure electronic access to any qualified prospective bidder, and neither the City, its agents nor PARITY shall be responsible for a bidder's failure to register to bid or for any failure in the proper operation of, or have any liability for any delays or interruptions of or any damages caused by the services of PARITY. The City is using the services of PARITY solely as a communication mechanism to conduct the electronic bidding for the Certificates, and PARITY is not an agent of the City. If any provisions of this Terms of Proposal conflict with information provided by PARITY`, this Terms of Proposal shall control. Further information about PARITY including any fee charged, may be obtained from: I875387vl A -I 35 PARITY, 1359 Broadway, 2 nd Floor, New York, New York 10018 Customer Support. (212) 849 -5000 DETAILS OF THE CERTIFICATES The Certificates will be dated April 1, 2006, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 2007. Interest will be computed on the basis of a 360 -day year of twelve 30 -day months. The Certificates will mature August 1 in the years and amounts as follows; 2007 $ 50,000 2009 $ 60,000 2011 $ 65,000 2008 $ 55,000 2010 $ 60,000 BOOK ENTRY SYSTEM The Certificates will be issued by means of a book entry system with no physical distribution of Certificates made to the public. The Certificates will be issued in fully registered form and one Certificate, representing the aggregate principal amount of the Certificates maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ( "DTC "), New York, New York, which will act as securities depository of the Certificates. Individual purchases of the Certificates may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Certificates. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Certificates, will be required to deposit the Certificates with DTC. The City will name the registrar, which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The Certificates will not be subject to payment in advance of their respective stated maturity dates. 1875387v1 A -2 36 The Certificates will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. The proceeds will be used to finance the acquisition of equipment for the City's police and fire departments. TYPE OF PROPOSALS Proposals shall be for not less than $285,070 and accrued interest on the total principal amount of the Certificates. Proposals shall be accompanied by a Good Faith Deposit ( "Deposit ") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $2,900, payable to the order of the City. If a check is used, it must accompany the proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Certificates are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The Deposit received from the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser, will be deposited by the City. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Certificates is adjourned, recessed, or continued to another date without award of the Certificates having been made. Rates shall be in integral multiples of 51100 or 1/8 of 1 %. Rates must be in level or ascending order. Certificates of the same maturity shall bear a single rate from the date of the Certificates to the date of maturity. No conditional proposals will be accepted. Ui The Certificates will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to; (i) waive non - substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Certificates, (ii) reject all proposals without cause, and (iii) reject any proposal that the City determines to have failed to comply with the terms herein. I875387vl A -3 37 Ca> R&II20l1NNT1.3NNl iy If the Certificates qualify for assignment of CUSIP numbers such numbers will be printed on the Certificates, but neither the failure to print such numbers on any Certificate nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Certificates. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Certificates will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis, Minnesota, and of customary closing papers, including a no- litigation certificate. On the date of settlement, payment for the Certificates shall be made in federal, or equivalent, funds that shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Certificates has been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non - compliance with said terms for payment. CONTINUING DISCLOSURE On the date of actual issuance and delivery of the Certificates, the City will execute and deliver a Continuing Disclosure Undertaking (the "Undertaking ") whereunder the City will covenant for the benefit of the owners of the Certificates to provide certain financial and other information about the City and notices of certain occurrences to information repositories as specified in and required by SEC Rule 15c2- 12(b)(5). OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Certificates, and said Official Statement will serve as a nearly final Official Statement within the meaning of Rule 15c2 -12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota 55 10 1, telephone (651) 223 -3000. I875387vl A -4 38 The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Certificates, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Certificates, as that term is defined in Rule 15c2 -12. By awarding the Certificates to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Certificates are awarded 85 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Certificates are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Certificates agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Certificates for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated February 27, 2006 BY ORDER OF THE CITY COUNCIL Isl Karen Guifoile City Clerk I875387vl A -5 39